
Glass, 
Book. 



COPYRIGHT DEPOSIT 



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Department or State. 
Washington, Oct. 1, 1850. 
This is to certify, that Joseph Bartlett 
Burleigh's Script Mition of the U. S. 
Constitution with the Amendments, has 
been carefully collated with the originals 
in the Archives of this Department, and 
proved to be accurate in the capitals 

ORTHOGRAPHY, TEXT, and PUNCTUATION, 




Secretary of State. 



Chiep Clerk. 



Department of State. 
Washington, October 3, 1850. 
/ have carefully compared BurleigKs Script Edition of the American 
Constitution and the Amendments appended, with the original manuscript and 
the twelve Amendments, in the order of their adoption, and have found 
that it minutely delineates the original documents, with all their peculiarities. 

It may be proper to add, that other Amendme7its have been proposed, but 
only the aforesaid twelve have been constitutionally ratified. 





Keeper of the Archives. 



Washington, D. C, Sept. 30, 1850. 
/ have critically compared Burleigh's Script Constitution of the United 
States, and all its Amendments, loith the original documents deposited at the 
Department of State, and have found them in every respect alike, even to the 
minutest particular. 




Proof-Keader in the Department of State. 




THE LEGISLATIVE GUIDE, 



CONTAINING 

ALL THE RULES FOR CONDUCTING BUSINESS IN CONGRESS; 

JEFFERSON'S MANUAL; 

AND , 

THE CITIZENS' MANUAL, 

rXCLUIIDfG A CONCISE SYSTEM OF RUIES OF ORDER FOU^^)ED ON CONGRESSIONAl 
PROCEEDINGS : 

■WITH 

COPIOUS NOTES AND MARaiNAL REFERENCES, 

EXPLAINING 

THE RULES AND THE AUTHORITY THEREFOR ; 

DESIGNED 

TO ECONOMIZE TIME AND SECURE UNIFORMITY IN THE PROCEED- 
INGS OF ALL DELIBERATIVE ASSEMBLIES, 

AND ALSO 

TO MEET THE 'WANTS OF EVERY PRIVATE CTTIZEN WHO DESIRES TO UNDERSTAND THE RIGHT 
WAT TO TRANSACT PUBLIC BUSINESS. 

BY 

JOSEPH BARTLETT BURLEIGH. LL. D. 



PHILADELPHIA: 

LIPPINCOTT, GRAM BO & CO., 

1852. 



PREFACE. 






PREFACE 



The Author's attention was first called to the importance of a uniform 
system of rules for conducting public hiisiness, when presiding at the 
faculty meetings of a University, which were composed of members edu- 
cated in the different States of the Union, and in different countries of 
Europe. 

Questions sometimes arose in reference to the mode of conducting 
business, respecting which the members entertained various opinions. 
This led to an examination of works on Parliamentary practice, for 
there were none based on Congressional proceedings, and it was found 
that no two books were alike in all respects, that the rules of State 
Legislatures differed from each other, and from those of Congress, in 
matters where uniformity would add alike to the convenience of the 
members and the dispatch of business. 

There are now more than thirty State Legislatures ; each having 
its separate and distinct forms for conducting public business. After 
having visited most of those bodies during their sessions, the Author 
is of the opinion, that much time is needlessly lost for the want of a 
systematic and uniform standard. 

No one can doubt but that the will of the majority is often defeated, 
and public business retarded, for the want of the general diffusion 
of, and the familiar acquaintance with, correct legislative forms of pro- 
ceeding. 

This Guide contains a full set of rules for conducting business in 
every association, of whatever name or character, from the lowest to 
the most exalted. 

By these, a person having properly learned how to conduct the 
affairs of a small society or meeting of one kind, may know at once 
how to carry on that much of the proceedings of another body of larger 
size and greater scope, and a State legislator, on being transferred to 
Congress, will not be under the disagreeable necessity of unlearning 
anything he has acquired, and studying a new system of rules for 
conducting legislative business. 



Entered, according to the Act oi' Congress, in the year 1852, by 
Joseph Bartlett Burleigh, 
In the Clerk's Ofllce of the District Court of the United States. Jfor the District of Mary- 
land. 

Stereotyped by Slote & Moonet, Philadelphia, | Printed by T. K. & P. G. Collins. 



CONSTITUTION OF THE UNITED STATES. 



The following Script is an exact copy, in capitals, ortho- 
graphy, text, and punctuation, of the Constitution of 
THE United States op America, as proposed by the 
Convention held at Philadelphia, September 17, 1787, 
and since ratified by the several States; "with the 
Amendments thereto. 



cd^av^tid-n^ ladiice, i?idU'Te aa77ie6^iic 

aeie?ic6, A^aonol6 ^ne aenc^a€^ l7e€^ia^e, 
a7i(/ 6.ecu^e ^ue (iS-te^d-inad c4 c=,^l^^'^^ 

aam and e^lav^^tidA lAid- ^onAliltiltcn 



atticlr. I. 

ue^ein a^anlec/ d-na^/ v-e vedlecl in a ^cn^ 

condi&l 0^ a c/enaie ana cywcude o4 0i)e^ 
^ ^e&enlalt1}e^ . 



Constitu- 
tion estab- 
lished by 
the People. 



Of the le- 
gislative 
power. 



CONSTITUTION OF THE UNITED STATES. 



Represen- 
tatives, 
how cho- 



Qualifica- 
tion of Re- 
presenta- 
tives 



Apportion- 
ment of 
Represen- 
tatives and 
direct tax- 
es. 



'^eo/itC' cf ^'Ue Ae^^e^a€ jlaled^ ana '^Ae 
0't6clc^6' m eacA J^aie dna€v A^at^e ^ne 
^laati^icaiiand ^eoMidUe 4c^ 0€ecia^^ (}4 
l/i6 07^oA^ nu■7ne^c^l^ 'iy3^a?lcA o^ '^n.e kJ '^a^e 
JJoeal^Aal'a^e. 

^Jyo 0^'6^^an &na't't A-e a 0i)6/^^e6enia= 



iit^e ^{/na 6naA^& ncl Aat^e aliamed Ic Ine 
Q/bae <?/ ita-en^u 4iv6 Itea'iA, ana ^ei 



dev-en ^Itea-^d^ a 



e 
een 
i€ixen 0'^ ^/^^ ^(Acniiea 
t/ialed^ ana ^(^uo AuaA^ no-l^ za-Aen 6€eciea, 
Ae an tJnnav-Uanl oi- Inal Cf^aie m 
to^McA n^e 6na€€^ v-e cnoAen. 

0^ief^^646nlail^'e<i ana ai^ecl U^ axed^ 
Ana€^ A-6 af^flo^ll(>nea aQ7^c7^a ine ^eve^a^ 
jlaled t(/n.icA ona'u Ae mduaea to^i^^nm 
mi6^ ^Ibnion, accc^alna ^o ^Aei'/-^ ^edAecii'ue 
^/amv-e'id^ ^an.lcA Ana€€^ A-e a6le^onlnea 

^JywjnAe'}^ o 



Azf aaama ^a 



7 



y 



't6 'UAflO€6 



CONSTITUTION OF THE UNITED STATES. 



Cfe^mce ^o^ a U^ 6^'}7^ ai ^IpeaiA, ana ex= 
ctaaina tjnaiand na^ ^axea^. ^n^ee ^lil^^^i 
0-^ at'tolne^y^ )cre^6(>n6'. U^ Ae aciaa€^ ^nu.^ 
'j7ie^a^ion Auat^o ^6 onaae i(/UAi7h iMee 
-^lhea^6' a^^er- ^ne 4t^6^ t^beetma o4 ^ne 
Sonai66-d c4 ^Ae ^l^nUea cf^aieA, ana 
'iCAUnin eve^'u ^av-deo/tien^ kJ e^'m c4 ^en 

liea^6J l7^ mccA ^yiwanne'}'^ a6 ^ney^ d/iaA/ 
uu r^Joa'UA aizecl. CJ^ n^e ,Jyu?7tA-e^ o 
'c/be^zteden^ahved dna^AA^ ncl exceea a?. 
eve^7j^ ^ni^ly' U^ naad^ana, -^/ eac'A c/^a^e 
AnaA't^ Aai^e al ^&a&l 07i6 ^hefz^e^en^a^ 
Iti^e ; ana tcn/CiA^ Aac'A enlO'me^allcn 6na€^ 
A& QuacCe, ^Ae c/^ale ci Kyyetcf- c:7wao7zfz^ 
d^Ai^e ^riaAA^ Ae enhiAea ^a cAiad& ^Aizee^ 
^'baddacua^el^d^ eiani, 0i)nccAe^tjAAAanc/ 
anco zy ^cviaence zy A^ccn^a^icnd' one^ ^cn= 
nec^tcicl Aive, ^ eio^~Uo^^ ua>, ^Jye 

Aei&ey Aaa'-r^ xy'^ enn^yAva^nia eiaAU, i 
atc^aze 07ze^ t^baz'uAana &ix, ^Vl^al7^la 






Census ev- 
ery ten 
years. 



CONSTITUTION OF THE UNITED STATES. 



Vacancies, 
how filled. 



Represen- 



cliDose of- 
ficers and 
bring im- 
peach- 
ments. 



Senate, 
how cho- 
sen. 



Senators 



/^^e66nla^lcn 4^07n' any u^ale^ ine (0x6= 
^^4^^U6^ ci (o/ecUan io ill/ &iicn' ^(Jacan^ 



cied. 
07- 



cy^w 0106^6 a4 '^j^efi^eAeTi^ali'ueA d-Zta/t 
cuude ^Aei^ cffiea/e7^ ancl oM^e^^ &44lce^^ ; 
ancl dua// 'nave /^ 6c/e 'c/o^a■eT oi 
Jf^izAeac/'nien^. 

uechofi. S. tJ Ae uenale ci ^ne ^Itni^ 
lea Cjialed- ^ua// /e cG'in/icdea oi- l^(/a 
c/enalotd- 4^c'i7h eacn. u lale, cnoden -^-^ 

ana eacn^ uenala^-^ Anal/ nai^e one ^LJole. 
J/^^t'/neaiale€'M^ ai-le^r Iney d'Ua// v^e 
aAde77z//ea m ^cnAeaaence <?/ Ine 4i^dl 
0€ecUcn^ Ineu ^na// -v-e aiviaea ad 
eaioa//y' a6> "inay /e mlo in^ee ^laAded. 
kJ ne cfeald c^ Ine Cfenala^d' c4 Ine 4l^6l 



CONSTITUTION OP THE UNITED STATES. 



^lon o4 Ine Aecona Uea^'-, od ^ne Aeccnc/ 
/add' at €ne (occ^utaiion c^ tne 4(}ii^lA 
ea^i^, ana o^ tue tAi^a ^/add- al tne 
(Sxfii^alion 0-4 tne aix^A ^iLeao^, &c tnat 
one iAl^a ona'u -^ cno^en eve^y decona 
ear ; ana i4 ^Uacancied' na/i^ien -^ 
eAianation, c-r^ olnez-w-ide , autma ine 
ecedd of ine ^eal6■/atu^6 c4 any c/tale, 
lu& ^xecuti'ue tue^eo€ ^fiay '}■7^a/e te'in/za^ 
^a^'7J^ Q/bfifi^om^Q7tent6' unl:i€^ tne necc/: 
^meltna c€ t/ie ^6al6^/ala^e , tf/Aicn^ 
dua// tnen €1// dacn^ ^Uacancied. 

*Jyo zJe^6^Gn Aua/A^ w a oenato^-^ 
^{^no dna€^ not nave attamea ta tAe Qaoae 
o€^ tniztj/' ^iLea^d-, ana v-een ozme ^cLeazd 
a ^iti^en o4 tn.e ^/y^nitea c/tateA, ana 
'Uf-no- AnaA'^ not, ^a■/^en etectea, A-e an J/7i~ 
AayV-ilant cjf tdal u late ^cr ut-Aicn. ne 
driat't Ae cnad^en. 

^e ^Vice Sr^e6ic/ent «?/ tde ^Itnitec/ 



Vacancies, 
how filled. 



Qualifica- 
tions of Se- 
nators. 



Vice Presi- 
dent to 
preside. 



10 



CONSTITUTION OF THE UNITED STATES. 



OfRcers of 
theSenate. 



Trial of 
impeach- 
ments. 



Judsrnent 
on im- 
peach- 
ment. 






or 



'Q/icai^^y' 



dimaea. 



'16 jenale ^^Aa^-^ cnud& Inei^ o^neo^ 
lce^^, and a€Ao a iy ^ed-iaent fizo leo7^^ 

iaenl^ or ^(^n.69^ n^e A'Aa// ecce^cide ^ne 
^0tce 0^ 0^^6dic/6n^ ■ 0^ ide ^/^niiec/ 

^ Ae C/ena'^6 Ana^t^ n^a^ue ine 60€o 
'^^cta-eT ^0 /«|^ a€^ tj'm^zeacnmen^d. 

^yy'Aen ide 0^^e6iaenl ai ^ne ^Ikni^ec/ 
Cjiai^ed 16- l^iea, ^ne ^n^ie^ /^a^&ltce Ana^t 
^^6uae : Q/bnc& na tye^&an 6-n.a€d w con^ 
victeco 2{AUnaicl ^de ^c9lca^^6nc6 o^ ^kac 

/-uaaTnenl m deeded, o^ fj^mfieacn^^ 
7}ienl An^a^^ ncl exlena 4a^lne'r ^na7^ to- 
t 4^cm &i4ic6, and di6Q,ua€i4ica^ 



^eTnot^at '^^cm 



CONSTITUTION OF THE UNITED STATES. 11 



lLa7^ ^0 no^c/ and enmy an^' ^fp^^ ^i 

^ec/ Stated : 'V-ul ^ue 0^^a^^y convicled 
Ana/"^ ?leve^lueteA6 v-e /iav-/e ana dav-feci 
/^ Kjnc/iclme7z^, tj ^ta/, /^aaa77tenl a^ta 
driint6-no7ze7tl, accc^ama Ic ^a^(^. 

cfechan. A. U' -M U^ lined ^ '^ laced ana 
^banneT oi /lotama ^tecliond ia^-^ cfen^ 
alotd ana 0^refl^eAenlal^lve6, dna/'O ^6 ^tze^ 
6'C^ivea in eacn^ Cf lale t^y Ine ^eai6€ay= 
■ta^e lne^eof ; v^ul Ine ^onatedd ojiay ai 
an7i^ ii07ze -^ ^ata- G7ia^e o^ alleT aucu 
rji?eaa/alio7id , ecccc/ii ad lo lue ^'^'laceA 
of cnAidina u e^ialo- 16 . 

U^ Ue ^onateAd dna// a6^d-e7?zMe al 
€eadl 07ice l7^ eve^'^ Itea^^ a7ia dacfl 
,^c:)eeli7ia Anal/ I'-e on l/ie ^I'IaI ^yftoii^ 
aan^ m (Quecemv-er-^, aittedd Iney d-fial/ 
u?f ^ata- a^i^ioml a aiiiezenl &Day. 

uecliG7i. 5 . 0acu ^'Woad-e Mca^l'V w 
lue J^aaae o^ Ine (d/ecltand^ (yhela^7^d 



Effect of. 



iManner of 
electing: 
members 
of Con- 



ConsTPSS 
assemble 
amiually 



Elections, 
how judg- 
ed. 



12 



CONSTITUTION OF THE UNITED STATES. 



Quorum. 



Absent 
members. 



Expulsion. 



Journals 
to be kept 
and pub- 
lished. 



Yeas and 

Nays. 



and ^Iioa€i4ica^ion6 o€ ild a2i^n t_yme'm=^ 
v-e^d, and a f^ymam^U'u oi- eacn. Afia^v^ 
canA^Uale a ^luouioTi ^o ao (ycJuMneAd ; 
v^ul a Ai7ia€^e^ ^JYu'-j^Z'^e'^ 7)zay aaJ^o■u^n 
4^or/^ aa'M' ^o aaii, ana ona'u ^u-e aalno^- 
i^ea io ca7)z/i6'V lue Qwilenaance ai- a^u-^ 



A6n^ ,^6e7nw^d, m Aacn' n^t^anne^, and 
unde^^ 61&CU ^ena/'ties ad eacn' cywauAe 
Q^za'U ^i^amde. 

0acn^ cywau6-e ona^u de^e^Tnme ^ne 
0i)U'ied oi- 1^6 zj^ zaceedmad , ^aniAn^ ild 
f^Cpe77^w^6 io')'^ duo^de^ty^ ^eua^uioic^, 
and, T/AiiA ^ne ^onca^^ence o4 ■l^f/o tfwidd, 
ex/ie/ a t^monv-e^r, 

(oacn. cy^&oiid^e An.a€t^ n.ee^^ a /^(}a^na^■ 
a'f iid c/ ^oc66dlna^ , and €^ao7^ li?n6 ^c 
^1716' ^^aMlAn' ^n^e Aarne, eccceS.hna 6-iccn 
'c/^a^^d ad "^iT.a'U m luei^ ^udam^enl ^6=^ 
atu^e jeczec^'; and ^n& ^ll.ea6 and 
^Jyand oi- ^/le t^m77^'ue^^ o€ eilne^^ 
cywoad-e 07i any' oMed-^ion d.^a^'V, al Ine 



CONSTITUTION OF THE UNITED STATES. 13 



'6Aiie of one 



w ente^ea on i/ie lou^nat^. 

Man of ^ona^eA6 , Anat€, 'lo-U/ioti^ ^ne 
^ofi^en^ oi 'tne otue^j aaj^ou^n ^O'T^ mo^e 
iua7i luzee aayd, ^lo^r^ ^c any oln^e'T' ty 'tace 
In an ^nal m ^a■nlcn^ ^/ie ^o-o cTWoaAed 

cfeclion. 6 . fJ^ ne CJenaio^6 ana 0he^i= 
^ed-enlalived &na/^ ^ecelve a ^o^n^iendahon 
ic')'' ^nei^r^ Kje^viced^ ^o w a^cei^ainea 'u-'u 
^at(A^ ana ^laia otU o4 ^Ae ^J ^ea6■u^'u 
of- ^ne ^c4^7iUea ula^^ed. U^ nej/^ Afia// 
m a/€ ^a&ed, ea>ce^i^ tj ^eaAon, f^ e€ony 
anc/^wacn oi Ine "c^eace, ^O-e ^^tvi/eaea 
izo')7t Q{:)^^e6-l au^lna ^neio^^ Q49il(y?taance 
a^ ^ne je^uon o4 inei'r ^eA^lec^l^^6 cTS^oiiAed^ 
ana m aoina ^o ana ^e^a^nlna €^09n €n6 
6-a7ne ; ana ^ot- an^u cf fieecn^ 09^ ^Dev-alc 
in eUne^)^ cywoad-e, ^uey Ana€'V nol ^e 
c/,i/yeA^ionea m an^^i' o^ne^ ty^ace. 



Adjourn- 
ments. 



Compen- 
sation. 



Privileges. 



2 



14 



CONSTITUTION OF THE UNITED STATES. 



Members 
not ap- 
pointed to 
office. 



Officers of 
govern- 
ment can- 
not be 
members. 



Revenue 

bills. 



Bills to be 



to the Pre- 
sident. 



His pow- 
ers over 
them. 



An^a'V^, au^ma ^ne tj iTne ^a^r t(Anicn. fie 

ice unae^ ^ue Q4ou^'Uo^U'U o4 ^^e 

mleco u^aled, ^c/Mcn. Ana^^v^ 'Uave wen 

c^ea^ea, o^ '^n.e C)matii7yienld ^(/'ne^eo4' 

d^n^a^C^^ Aave* ^Oeen enc^ea^eco alo^lna aucU 

U7}ie ; ana no 0^e^mn no/ama an^u &€= 

ce unae^ ^ne ^l^ni^ea Cfla^e6^ An^a'^'V 

^e a ,^ympe'/^^^e^ a4 eiM.eT^ cyWoic^e aic^ina 

iid ^anUnaance m 



cfeclwn. y . Q 



ice. 

i^'^d ^o-'T ^aid-ina 
et^enue Ana^C^^ a^lalna'^e m ^'Ue cyw^ouAe 
a'f ^i)eA^eAenla^l2>e^; ^u^ ^/le cfena'^e T^ia^M^ 
'/^■^aAa^e a^^ cancan' laUA Qwmencomenid 
olne 



ad on 



ne^ \ycJi€€d. 



(^v■e^y tydi/t^f/n.icu &Aa€€^n.ave Aa^Aea 
In^e cywoa^e o4 0heA^e^en^allve^ and i^e 
C/e^ale, 6-na/€^^ tf-edote i^ 'V-eco^ne a ^atCA, 
^e A^eAenlec/ ^o ^/le iy^^eAic/enl o4 ^ne 
^l^nUea Cflaied 



'le a//in-zot^e ne dfia 



CONSTITUTION OF THE UNITED STATES. 15 



zcf-UA M6 & "U-j^eolto^id ^0 ^na^ c^woii6-6 in 
ta-uicn. il Ana^/ nave o^lalncUea, ^(^nc 
Mui€€ en^e^ /^ O^-iecUond a€ 'ta^ae on 
iuei7^ loa^na^v, anc6 fitaoeea ^o zeccnuacT^ 
//. Kjjf aile^ Aucn. 0i)econuae^atio?t ^tac 
^Al^a^ of ^nal ^ywouAe Ana/t^ aazee ^c 

Ine'T 2(/UA ^Ae O A-j^echond , ^o ^Ae oine^ 
c:/w 0116^6, -^ ^anlcn^ U Mia/A^ Ain^e^(MAe Ae 
^econAiae^ea, ana if afifizovea Ay /^w-o 
^ Alidad of /:nal cy^oa^e, U AnaAA A-eco'ine 
a ^aKA. iA/dal in aAA^ Mccn v:)a6'ed ^Aie 
^Uo^ed of A-OMi cywonAed AnaAA^ A-e cAele^= 
^ninecA A-'u "uead ancA ^Jya'ud, ana ^Aie 
tJya'tned of ^£e ';^e^^on6 voltna foT a7ia 
aaamAl iue (AStAA^ &uaAA^ Ae en^ezecA on 
^n^e Aoa^naA^ oA eacAi. cy^oade ^e^Aiec^^ 
vet'u. uf any (ASiAA^ MtaAA^ no^ Ae ^e^ 



la^necA Ay ^Ue ^^^oAicAenl u^Unin ien 
^Dayd (cjuncAa'Ud exceAz^ecA\ af^e^^ il 



Proceed- 
ings on his 
veto. 



Bills to be 
laws if not 
returned 
in lendays 



^1 



IG 



CONSTITUTION OF .THE UNITED STATES. 



Joint or- 
ders or re- 
solutions 
to be ap- 
proved by 
the Presi- 
dent. 



Powers of 
Congress. 



nc'r^ ad li- Ae '^ac/ dianeco i^^ un^eM in.e 



and cywciid-e ci- 0^i)eAzeAe?Ua4i^ed o^iay^ w 
neoeA^a^'u iexce^il 09i a atce^^ion o4 Q/bcl^ 

^^euaenl o€ ine ^//bni^ea ula^ed ; ana 
^e4oz6 ^ne c/ame ^natt^ ^an^e 044ec^^ 
A'Ua't^ "ue aAA^a'i^ea -^ '£i')n, o^ €'-6ina 
ai6^aAA^oi}ea -^ nl7?^; Ana€/^ m ^e^iad-Aea 
'0-n lu^o ^nl^a^ o€ ^ue Kyenale ana c^^oaAe 
o4 zJhe^izeAenlalivcA , accazama '^o 
tyi)Uted ana ^i9}zUaiwn6 ^i 
^/i6 ^aA6 Of a 






ueclw?i. §. 



fie 



ona^eAd A 



^. 



y 



Aa€€^ n^c 



%av^6 



ouf-e'T' 



^. \ 



CONSTITUTION OF THE UNITED STATES. 



17 



tj /a'u ana ca/^ec^ tJ axed, \0) tidied, 
fy'infioAld ana 0X016-66, lo ^la'i^ ^n.6 ^DeMd 
ana fl^aviae io^y^ ^^.e common &De€ence 
anc/ a6n6^a/ ^^4^^e€4az6 o4 lAe ^i^nUea 
alaled ; ^tU a€€'QDiihed, Kjm./ioAid ana 
&xci6-e6 dnai^ w aniio^77^ ^n^ouanoa^ ^no 
^l^^nUea c/^aled ; 

Uo w^^o^cf■ r^f^jone^u on ine cieai^ o4 
luo ^l^^nUoa c/^a^ed ; 

U^ ^eaatal6 ^oonmezce u^UA 4o^elan 
^yV aliond, ana anto7za ^ne Aeve^a€^^ c/^a^ed , 
a^na K/Un. ^Ae ^natan U^ ^iv-ed ; 

C/ 6AlaMi6-u an aniio^m ^hate o4 
,Jyalaza€'V^ahon, ana u7iiio^7?i ^awd 
on ^ue 6.a^j^ec^ o4 'd^ an^^tcAicied '^nwaau^ 
oal ^/i6 ^IbnUea jlaled ; 

kJ com Kyfu:^on6^, ^eaa€a^e ^ne ^Ua'tice 
lnc^eoj^, anci o4 €o^eian ^om, ancl 4ix 
^■U6 c/^anc/a^c/ o4 ""// eia'U/:^ anco t^i)ea= 



6'il^66 ; 
or 



kJ A^omc/e do'T- ^ns ^ icni6-Ao7Z6n^ o 



2* 



Lay taxes- 
Pay debts- 



General 
welfare- 



Duties uni. 
form. 



Borrow 
money. 



Naturalj- 
zation. 



Bankrupt- 
cy. 



Coin mo- 
ney. 



Weig-hts 
and meas- 
ures. 



Counter- 
feiting. 



18 



CONSTITUTION OF THE UNITED STATES. 



Post roads. 



Promote 
arts and 
science. 



Inferior 
courts. 



Piracies, 
&c. 



Declare 
war, and 
make cap- 
tures. 






'oo-aad ; 






cience 



and uAe€ii^ Q/b^ld ^ ^'U 6^6cl&^l9^a 4aT €17??^^ 
lied tJ I fried lo Qmlolna^6 ana u'nvenlo^d 
In^e exc^auve tybia^ul lo Imi^ ^eA^ieclive 
Fy^Umad and QjJ l6-cave^le6 ; 

U^ can^'lilale tJ ^lv^l&na'V<i m^e^ioT^ lo 
lue Aicfi^eme ^(}u^t ; 

^ deime and ^lanid-n^ ^i^acied and 
^ 6€^o7ued ca')7Z77zilled on Ine ^lan^ cfead^ 
and &4€enced aaai7t6-l Ine ££a^a■ a^ ^Jya^ 
liond ; 

^ dectaw W a^^ a^anl ,=^eUezd o^ 
^^yma^c/M6 and 0imA^i6^a'V^, and on^a^e 
zji) titled cance^nina ^a filtered- o-n ^and 
and ^W aler ; 

riJ ^ai&e and d^ufifioil Qm united , d^ul 
no Q4o^^/l^o/l^lallon o€ ^mne^u /:o -idai 



\\\ 



CONSTITUTION OF THE UNITED STATES. 



19 



6-6 Miai^-t. ^6 ''^ar a i^onQC'T U^ 6^'}7l ^fian 



^KAO 



ea^d ; 



U^ /^^(>mcl6 and onainlam a ^Jyavy; 
^ 0i)eau€alton o4 ^ne ^anc/ and na^'al 



an 

^.{P ozced ; 



ty ^l^av■ide io^y^ ca/C€ina ^(}^€fl. €fie 
xyfrnlUia ^0 execiiie Ine ^az(/6 oi iAe 
'^If^nion, ^il^lA^e6^ tjnd-az'iecUond a.na ^e^ 
Ac€ ^m^auand ; 

tJ A^ovta6 io^y- o^aaniztna^ a^ntlna, 
ana aiAciJi€^^nina , i'he ^biiilia, ana 4o7- 
aave^nlna 6-acA zja^l o4 ^uem ad may 
v-o e77zfiu}'uea m ^Ue cfe^vtce o4 ^ne ^Imii^ 
^ea jla^ed, ^c^e7.vlna ^o ^ne c/^ale^ te= 
Afieclive^^u , ^/t6 Q^/i^iain^men^ <?/ ^ne 

ice7d, ana ^ue QAoumaui'U o4 liai7i^ 
'fm^iUa accc7ai7za ^o Mie aid-^ 



U^ c exe7ci6-e cxcliOAiv-e ^eaiA^a^ian m 



a 



//^. 



aAe6 icf-uald-oeve^, ai}eT 6acu ^^16.-^ 



Navy. 



Rules and 
articles of 
war. 



Call out 
militia. 



Organize 
and gov- 
ern militia 



Officers 
nuhtia. 



Exclusive 
legislation 
over seat 
of Govern- 
ment. 



20 



CONSTITUTION OF THE UNITED STATES. 



And over 
foits, ar: 
nals, docks 
<fec. 



To make 
general 
laws to 
carry pow- 
ers into ef- 
fect. 



Importa- 
tion of 
slaves al- 
lowed till 



ad 07^ay', 'V-m ^e 



^eAM'On 0- 



tj^aled, ana ^ne Q/wcce/i^ance g4 ^ona^eAd, 
Mcar/te 'Ine c/eal <?/ ^Ae Qo^e^n9}^eni c4 
^ne ^IbnUea cf^a^ed, ana ^o ecce^cl^6 €iAe 
Q/btU^UoiUy' ovei, at/ '^^/aced /^a^cna6.ec/ 
v-y /^ ^on6'6?U ai- ^n^e ^6al6^/a^a^e o4 
lA.& c^lale m ^(^nlcn' '^ne Cfa^ne &na/t 

'zmed, Q/(o^Ae^a't6, aac^-~ lla^ad, ancl alAe^ 
neeaia/ ^ai/amad ; — —Q/bno( 

U^ ^maM a// .^a^(^6 UAnicn^ Aual/ 
/e neced-Aa^^' a7za ^^^afl6'i^ j^c^ ca^^'Ulna 



and a/t o^Ae^^ ^ o^i^e^^ veiled -^^ ^nid 
^onA^ilalion m ^ne Q ot^e^n'men^ o4- ^ne 
^c/onilea Cjialed, o^ m any ^I)efla^^= 

c/ec^ian. p. U^ no t^yMpia^a^ion ^^ «vW^ 
Ao^lailan o4 Aucn ^6^A(}n^ ad any oi- 
l'A.6 Cj^a^ed notfA exiA^na 6-na/v ^A.in/. 



CONSTITUTION OE TKE UNITED STATES. 



21 



one ^Uau^ana etan^ uccnazea ana eia/U, 
mo^ a tJ ax ^^ atUu onay' ^6 1^)71 Ac6.ea 
a7z uicn' tyo?^^lo^lallon, nol exceeama ^en 
aatta^d ia^"^ eacA "iiyetAon, 

kJ de ^^lm€eae oi Ine ^^j^il a€ cTWa-- 
v-ea6 ^a^f^il6 Mia/'V nal w Midfienaea^ 
anteAd ^a■ue7l m S^a^ed oi 0iieW't€ion or 
J/nvad-ian ^ue /uiMic ua^ely^ 77iay^ ^e^ 
aal^6 il. 

.Jyo ^i/^ oi Q/b^lamae'T a^r ex ^zoa^ 
ado ^azcA d-na// Se JiaAAea. 



Jfo 



U^ ax 6-Ua 



afiilalton, o^r^ o^/iO'T ai^ec^, 



Ilo?i lo ^/le ^OTZAtod O'r^ QnuTn^e^alioQi n^ei6= 
m €>-e4oi6 aiteclea io w ^aAen, 

ax or ^^Dti^tp An'at^ v-e €aia 



JFoSr 



'r 



071 QAo^ltc€ed ex^ioi^ecl 4^097^ an^ C^'^aie 
a7in xyi?eaa€cUi.o?i <?/ ^o 



W aiV67l 'U^ 



Habeas 
corpus. 



Attainder 
and ex post 
facto laws. 



Direct tax- 



No exnort- 
at ion duty. 



Commerce 
between 
the States. 



22 CONSTITUTION OF THE UNITED STATES. 



Money, 
howdrawn 
from Trea- 
sury. 



To be pub- 
lished. 



No nobili- 
ty. 



Foreign 
presents 
and titles. 



Powers de- 
nied to the 
States. 



venae Ic ^ne ^oiid o4 one jla^e ove^- 
PuoAe o4- anaine^-' : na^y^ Ana/€^ ^UeA^e'td 
wti^nd ^0, 0"}^ ^^oTn, one CficUe, ^u^e ov-€iaea 
^0 e7tie7^, ctea^r, o^ ^zau &I)uUed m an-^ 
olfier. 

.Jyc ^^/mone'M^ Ana€€ w a^a^CAn dtom 
^ne U' ^ea^il^'u■, 'V^ul m ^07iMaue?ice of 
Qwflf^^of^^iallon6 ^naae '^ ^a^w- ; ana 
a ^eatota^r c/lalemefnl and OAoccoun^ o 
^Ae 0ijeceifi^4 ana ^ccfienaUa^ed o^ a 
fiicv-tic Kyf4^on6y' Ana€^ ^e At^v^^iMtea 

i^oon ^iT^ze ^0 '^i^ne. 

^Jyo U^ U^e o4 ^jYo'^i€Uy^ d^na^i^ ^O-e 

a^an^ea -^j^ in^e ^t/oni^ea cf^a^ed : Q4ona 
no ^e^6^07i •n.o^aina any^ &iiice o4 cJzo= 

ill OT" ^ ^ii^l unae^^ ^'Ueo'/z, Ana/^v^ ^CAUn.^ 
oal Ine ^on^enl oi ^ne ^ona^eA^, acce^il 
o^ any^ 'ty^eAen^, ^O7zo€io97zen^^ ^fr^(^^'; ^^ 
tj i^€e^ <?/ an'u n^ina ^(/ua^eveT'f ^^07n any^ 
fJwma, "ty^^mce, oo^ 4o^elan J^ale. 

cfeclion. ^0. ^Jyo cflale Ana// en^er 



CONSTITUTION OF THE UNITED STATES. 23 



'01 
0'} 



ana ^i?eJi^iAa€ ; com ^tone^ ; oiii^ 
i^^Jittd oi- ^^eaU ; ona/z.6 an^u ^J nina 
^al acta a?ia utve'r^ ^om a U enae'r m 
drayTnenl oi ^eSid ; Aad^d any ^i 
c4 Qjol^amaeT' , ex Ao&i 4ac^c ^azo-^ 
^aia- lonJ^al^lna ^ne 0'5€iaaUan oi^on^ 
^^acld, 0^ aian^ an^^ tJ ii^e o€ ^yV om/ii'u. 
Kyyo c/^a^6 d-n.a^'t, 2{/UAoa^ l/ie ^on^ 
Aenl a^ ^de %ana^eA6, /a^u any ^y^mfioA^d 
^^^ ^Du^ied on KjmAc^^d o^r^ wxfioiid^ ecc^ 
ceA^ 2{/nal ^may ^e aMo/ule€y n6ce^Aa^y 
4o9^ execio^ina il' d i^t^Aechon ^azad : 
ana ^ne ne^'^^oc/ace od a// &IJ lUiea anc/ 
tymAod^^d, /ata ^y any cf^la^e on ^^n^ 
Ao^^6 <?^ (oa>^^o^l^,■&/la// M ^o^ ^de ^Ibd-e 
o^ ine kJ ^6a^u^y^ oi Ine ^l^niiec/ Cf^aie^ ; 
ana a't^ AucA ,^aiUAd Ana// w Mc/j^ecl 
^0 ^ne ijbeviuon ana ^onizoa/ o4 i/ie 
^onazeAd. 



Powers de- 
nied to the 
States. 



Other pow- 
ers denied 
to States. 



24 CONSTITUTION OF THE UNITED STATES. 



Further 
denial of 
powers to 
^tates. 



^President 

United 

States. 



Electors, 
how ap- 
pointed. 



fie 1^071= 






&en^ oi %(}na^e6-d, /ay any QjJaiy' <?/ 
W annaae, /eefi U' ^oofid, ot cfnifid <?/ 
'^yja'T' 191 li^ne oi- zy^eace, en^e^^ mlo any 
QAoa^e67nenl (?^ ^aTnfiacl ^(^ii^n' ano 
u/^ale^ 09^ ^CJ-lln^ a 4(}^elan zyotc/e^-'j 
enaaae m -yra^-^, unteAd ac^aal^y m= 
vaaea, ot^ i7z Aacn- im7?zine9il QI)ana6'r^ 
a^ ^ai// nal aaniU e4 aetay. 

Article. iL 

A^^a// 'ue "ueA^ea m a '^^euaen^ o^ ine 
^//onilea c/^aled od Q/^onezica, cTWe 
Anal/ n,a€a nid &^iice au^lna ^Ae U^ e^99^ 
of 4oii7^ lL€a^^, ana^ ^oae^n.e'r^ tai^A In^e 



^Uice iJ^e^ic/en^, cnoAen €09^ -lAe Aa'i^ze 
^ 6^971 J /e e€ec^ea, ad iat'lo^(/^ 

0ac'U c/^ale An.at/ a/i^ioi7Z^, i7Z Aucn^ 
f^&anner ad ^ne ^eaiAtaiioze ine^ea^ 
r/iay aiiec^j a tJyi07nveT^ o4 ^Aecio^d, 



CONSTITUTION OF THE UNITED STATES. 



25 



eaioa\ 



^0 



'te ^(/uote tj\ umv-eT of uena^ 



1 -' - - - ^ _ 

laid ana 0i^e/i^e^enla€ived lo t(//iicfi ^ne 



C/lal& mail w enlil&ed m Ine ^o?^Q^eA^ : 



O'r 



7 

"dtU no c/enalo7^ O'?^ <yi)e^^^eAe'iUalll^e , 
0^6^6^071 no/c/ma an Oi'/ice o4 ^J ^aU o^r- 
^^oiU anae'T iue ^li:niiea Cflaled, dua// 
v-6 aJifioiniea an ^ lector. 

The Electors shall meet in iheir respective States, and vote hy Ballot for two Persons, o/whom one 
at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of 
all the Persons voted for, and of the Number of Votes for each ; which List they shall sign and cer- 
tify, and transmit sealed to tlie Seat of the Government of the United States, directed to the Preside^it 
of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Repre- 
sentatives, open all the Certificates, and the Votes shall then be counted. The Person haviru} the great- 
est Number of Votes shall be the President, if such Number be a Majority of the whole Number of 
Electors appointed; and if there be more than 07ie who have such Majority, and have an equal Nicm- 
ber of Votes, then the House of Representatives shall immedintelg chuse by Ballot one of them for 
President ; and if no Person have a Majority, then .from the five highest on the List the said House 
shall in like Manner chuse the President. But in chusmg the President, the Votes shall be taken by 
States, the Representation from each State having one Vote; A quorum for this Purpose shall consist 
of a Member or Members from two thirds of the States, and a Majority of all the States shall be neces- 
sary to a Choice. In every Case, after the Choice of the President, the Person having the greatest 
Number of Votes of the Electors shall be the Vice President. But if there should remain two or more 
who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. 



^ ue ^onaze&d 7)tay' aele^7J^ln6 l/u 
u tone o€ cnuuna Ine 0'teclo^^, ana ine 
&3ay on z(/n^icn. Iney d-uat/ aive Iucit 
^Uoled ; T^nicn^ ^DaiJ^ d-Aa^'V €>-e Ine 6-aone 



^'Aioicanoicl Ine 



ni 



lea c/laled. 



o^n 



kJyc iy e^6-on excefil a nalic^a'^ vo 
^■Ut<^en^ o'T a. ^Ui'zefi o4 ine ^Itnilea 
cf l^led, al lAe Irnte o4 lue Q4:)aoflll07^ 
?/ I Aid v:onAlilalion, Aua't'O ve e€taivte 



c 



Thia para- 
graph is no 
longer inforce 
It was ren- 
dered null and 



ment, propo- 
sed at the 1st 
Session of the 
8lh Congress, 
Dec. 12, 1803, 
and adopted 
by the consti- 
tutional num- 
ber of States 
in 1804. Pub- 
lic notice of 
which was 
given by the 
Secretary of 
Slate, Sept. 
25, 1804. 



Election 
and meet- 
ing of elec- 
tors. 



Who may 
be elected 
President. 



26 



CONSTITUTION OF THE UNITED STATES. 



Por Vice- 

Presid't, 
See Sec. 
xii. Am'ts. 



In case of 
removal, 
death, &c., 
of the Pre- 
sident his 
powers de- 
volve on 
the Vice 
President. 



Compensa- 
tion of Pre- 
sident. 



Anal/ any^ ty^e^Aon w e€iai4-t6 ^o ^ncd 
t/iiice ^c''n.o An.a// nal nave a^^amea ^o 
ln.e Qwae g^ Mll^^y' dive ^lLea^6, ana 
Men faaz^een '^lLea^4 a ijheuaenl to-i^nm 
^Ue '-^l/onUea c/ia^ed, 

J/n ^aAe o4 Ifie 0he?)tova^ o^ ^ne 

<yi)e6^iana^mn, ot^ una^i/i^'U lo al6-cAa^ae 
Ine iy oia-etd ana Qjjalied ad Ine d^aia 
t/0ice, ^de c/ame Ana/^^ aeva€ve -an ^ne 
^Uic6 iy^eAiaenl, ana ^ne ^ana^eA4 Tna'u 
^"u ^aziA ^itaviae ia^r^ ^n^e ^a6-6 ai- 0i'6=^ 
mava't, &Dea^'^, tyi)eAianaiian ao^ ^jna^ 
v-i€i^^, d^aln^ ad iAe iy ^eMaenl ana ^U ice 
^%e6-iaenl, aecda^ma zcA'Ual &ddice^ d^na^/ 
inen acl ad ^^euaenlJ afia Aacu 
ce'T A'Ua't-v acl acca^alna€^^ un^i 
&D td^a^idily' t^e ^e^inat^ea, 
A'Uadt^ "U-e e^eclea. 

^ iy ^cAiaenl dnatd^, a^ Alaiea 



I 
ie 



a^r^ a cy^^euaen^ 



CONSTITUTION OF THE UNITED STATES. 27 



/ie7i6^aUan, ^(^nlcu AruU€ neilneT^ €^e e?i-^ 

ziaa ^a"^ za/ticn^ ne Ancct^^^ nave v-een 
e^eclea, ana ne Mia€t no^ receive ^(Aii'hln 
^nal iy ezioa aTZ'u olAeT 077^o■€a7)^en^ dtaon 
^Ae ^Ibni^ea c/^aled, ao^ any <?/ '^ne7)t. 

tyjeioze ne en^eo^ on ^ne 0ccecalto7^ o4 
nid t/Mice, ne d^na/^ ta^6 me io'C'toza-ina 
Ualn^ o'T Q/biw'TnaUan : 



^^Jf dc Aa€e7n?i€^y A^i^ea^ lo^ aiiiZ77t\ 
^nal Jf uf-i/^ 4ai^niat/y' execale me Of^ 
^tce o4 0^'zeuaen^ o€ me ^bni^ec/ cf^aled, 
ana 2(Ai't2 '^o me €<^eAl od 771^1^ Q^^^^t/ii'U, 
Aze^ezve, ^zzolecl anc/ c/e4e7i(/ me ^on= 
UUiUion oi- me ^Ibniled c/^a^ed!^ 

rfeclmn. S. rj ne &ieAic/e7il A^^a// 
m ^07nmanae'7^ i7z ^nie€ o€ me Q/bzrjt'U 
aTza ^ avu o€ me ^Ibnilea Cf^aled, anc/ 
o4 me Ky^O:^ilUia 0^ me Aeveza/ c/^aled, 
^(//le7^ ca^€eci mlo me ac^ua'^ jezv^tce o 



Require- 
ments. 



His oath. 



Powers 
and duties 
of the Pre- 
sident. 



28 CONSTITUTION OF THE UNITED STATES. 



Making 
treaties. 



Appoint- 
ment of 
public offi- 
cers. 



^T I'Tb eacn o4 ^ne exectclive QD6/^a^^=r 

1^6 ^Dulled <?/ ^n^eiT^ ^ed^fiecii^e &Mic66, 
ana n.6 An^a€€ Aave ):^G'K/6'/^ '^o a^an^ 
0i)6A^iet^6d and '2razc/a?id io^)^ t^Me^iced 
aaam^l ^ne ^c/onilec/ jla^ed, exce^z^ m 
^a6.6d ^/ tymfzeacn^neni. 

cyS^e Analt^ n^ave ^otc/S'T, ^y^ and 
Uf-Un^ iu6 Qwavice ana ^o-n^ent o4 ^ne 
oenate^ ^o TnaAe U^ ^6all66^ A^(>viaea '^^(/c 
miiad o4 ^Ae C/6na^a^^ fl^eAen^ concu'r ; 
ana Ae Ana€€ na7)Zina^e, ana -^ ana 
t(/i^A ^ne Q/bat^ice ana ^onAent <?/ ^ne 
Cjenale, 6^Aa€'V aAAom^ Q4:)7nv^a^Aaao^A , 
oM.eo^ ^laAAic ^mni&^e^6> ana ^on&atd, 
/^aaaed o4 ^Ae Aufi^e'jne ^oaz^, ana at^ 
olne^ (yMice^^ oi Me ^Ikntled u^aled^ 
ta-uo&6 Q4ofi/iainlmenid a^6 nol Ae^eln 
oine^^ltlAe ■/l^avic/ea fo^ ^ a?ia ^c^nlcA d-nc 



rza 



CONSTITUTIOX OF THE UNITED STATES. 29 



V6 ^.> 



Ua^UAued -^z £La2a- : ^al Ine ^on-r 



'7 



idind A^ofier, i9^ Me 0^^eAtc/en^ a/one^ 
i^i Me ^^occ^^d o4 ^aut, 07- itz Me c^eaad 
of &3 eAa^l7)ien^6. 

S^de 0^^euc/e7i^ &na// nave 'c/^ozf/er 
^a ^u/ ufi a// ^Vacancied Mai may 
nafzfien aicuna Me 'c/heced^d oi- Me c/€7z= 
aie, -^ ManUna ^ontr/iid-uond zcAnicA 
d-na/^ eccAme al lue 0nc/ o^ MeiT next 
Cje6-uon. 

cfechon. 3. cyw^e &'na€'& 4io7n li^me Ic 
liTTie aive lo Me ^ona^ed-d tjnio^rybalion 
0^ Ine cflale o^ Me ^^nian, a7icl ^ecG')n^ 
7?iena Ic Mei7- ^onuae^ahGn aiccA f^tea^ 
MCZ66 ad ne d-ua-v-l j^u^aae nece^6-a^n ana 
eccfieatenl ; ne ona'u, on exi^ao^alna^y 

&cca6iond^ convene wM cywoiiAed, oo^^ 
eiMe?^ o^ Mem, ana m ^ad^e oi- &Di&a= 

a^ee77ienl: ^eha-een Me7}t, taiM ^ie&^iecl 



Further 
powers 
and duties 
of the Pre- 
sident. 



30 CONSTITUTION OF THE UNITED STATES. 



dors, &c. 



Commis- 
sion offi- 
cers. 



Impeach- 
ment. 



Of the Ju- 
dicial pow- 
ers. 



/:o i^Ae U^ I'tne of Qmaj^otc^nmenl, n^e ^y^za^ 



or- 



aclmic^'?^ ^n^ewi ^o Aiicn^ tJ ime ad n.e d-ria 
Inmn^ A^afl6Q^ ; ne &n^a€^ ^eceii}6 Q/bm^ 
'U■a&^aao^6 anco olne^ ^ziov-iic t^mniAleid ; 
n.e ^na€/ 'la'K^e ^a^6 PucU ine .tlDa^f^6 ^6 
dail'n.ii^€/'u execic^ea, and 6^na'v€^ ^(}'}7^^ 
onid^uan a€^ ^ne o^ilc6^^ <?/ ine ^l^niiea 

^^eAic/enl ana a^t'^ cim/ &Mic6^6 o4 iM 
^c/oni^6c^ cflaied, Anai/ w ^emo■'i}e(/ i^a^^ 
u4^ice on tJ■?nfl6ac'£7}^en^ ^^/ ana^on= 
vichon o^, U^ ^ea^on, 03^i'ue^y^, o'r o^ne^i^ 
nia4. ^^imed ana t^fwiMeTneano^d. 

article III. 

jecUon^ /. r_/^ ^aaicia't "^^ ozaeT^ o^ 
'tne ^IbnUea u^a^ed, Mia^^l M ved^ea m 
one AaA^e'}7?,e ^ou^l, ana m Aiccn^ m^e^iO'T 
^ou^^d ad ^U6 ^ona^eAd on ay 4^07n ^lone 
lo li7}ze o^aaln ana edtav-'ViAn^o U^ ue 



CONSTITUTION OF THE UNITED STATES. 



31 



laaaed, v-oln^ a4 ^u-e MoA^e^ine and m 

acc^l7^a aoad iyd eriavtau^T , and d'na^V't, a^ 
^la^ed tJ tinted, receive ^o^r^ ^neiT cf^e^viced, 
a ^a'jnfien^^a^ian, tc/uicm d-na^'t nol m 
dMninid-ued diouna ^neiT^ Continuance m 

c/ecUcn. S. ^ ne i'tidicia/ ^^amer 
d'Ua/^ exle7id ^0 a/^^Cad-e^^ m ^a^(^ and 
0aatl^, azidtna unde'i^ ^n^id Cond-^Uu^ion , 
^ne ,^a^a-6 oi ^/& ^Ibniied j^a^ed, and 
kJ ^ealted 'made, o^ ^(/nlcn' ^nat^ v-e 9?iade, 

ic7zde7^ ^Aei'T' Q/ioa^no7-%^'i4' ; ^o a/^^ad-ed 

aiiechna Qmmv-a^6-ado^^p O'^neT^ ^luv-'tic 

\yfmnl&^e^^ and ^^an6^u€6 ; ^o a't/ 

Cad-ed oi- ad7}^t^a^ty' and Qna^Uime /t^^ 

^t^dLcllon ; ^o Co■n^^ave^6-le6 ^o tanicn^ 

^/le ^l^ni^ed jlaled d^n^at^ Se a 0^'azl'?^ ; 

^0 Ccn^^a'uezued 'uel^(^een ^to^o ^^ m<}^e 

jlaled ; v-e^ta-een a J^a^e and CUi^end 

ai- ano^neT^ j^ale; wli(/ee/n du^e7i6 



Concern- 
iner the 



Extent of 
the judi- 
cial power. 



bee 

Amend- 
ments. 
Art. XL 



32 CONSTITUTION OF THE UNITED STATES. 



Of oiiginal 
and appel- 
late juris- 
diction of 
the Su- 
preme 
Court. 



Trials by 
jury. 



And where 
held. 



u.nae^r b ^a'7^€6 o4 al4ie^ent u^a^ed, ana 

ana 4o^elan c/'taied, ^Ui2^en6 O'T cja€-^ 

Jfn a/^ ^a^ed aMec^ma Q/iom'£a&Aa= 
aa^6, al^^e^y^ ^zaMic ^'mnlAl6^6 ana^on^ 
Aa€d, a7zd ma^e m ^anlcn. a c/^a^e d^na 
w 'ty a^^'u, ^ne uifi^eme ^Ga^/^ An.a- 
nai^e oiiaina€^ luzi&aic^ian. fJ^n a 
^'Ue olneT ^aAed ^e€o^6 9nen^wnea, Ine 
6'aA^e7J^6 ^oii^l &na€'^ n.at^e a^i/ieila^e 
% u^l^alcilan ^ win- ad 'la ^a^(^ a^ia 
^ acl^ ^(Min' &acfi 0xcefilwn6, ana unaeT^ 
6-ucA ^heaut^aiiond ad In.e ^ana^eA6 6-na't'v 
7?^a'£e. 

U^ 'ue U^ tia€^ o4 a// turned ^ excefil m 

^^aded c4 ^'771^1 eacnwyenl, Ana// /e /^/^ 

l-a^'u ; a?ia AacA tJ ^la^/ Ana// w netcl 

in Ine olale ^(^/e^e l/e Aaia ^^I'tned 



CONSTITUTION OF THE UNITED STATES. 



33 



'ten 



not cor^zTniiiecl ^(/UAln any^ c/ia^e, ^ne 
'Uave al^eclea. 



cfecUcn. 3. *^ ^ea^on aaamd^l ^fie 
niiecC c/tated, 6-naAA^ conu^i: cn/'U 



'16 

in 



€e'i}yina 
/le^[.na io 






(yr 



kJ ed-itTnan'u od ^wo yyU?i6A6-ed lo ^ne 
d-cc'^^ze o■ve^l Q/(ocl, or on ^on^ed-d-ion m 
oAen ^oa^l. 

^ no ^ona^e6-^ 6-nat'V na^e zjozo-er io 
aecCaie ^n& xy u^nid-urfzen^ o^ tJ ^ea^o?l , mU 
no Q^^lamaer o4 fJ ^ead-on d-n^aA/ ^a■o^n. 
^o^^^lfllLon o^ 03/ooa, or ^C^ or4eUaie 
exceA'i alc^lna ^ne ^iie o^ i:ne zy^e^d^on 
a^laini:Ga. 



Treason. 



Evidence. 



No corrup- 
tion of 
blood. 



2* 



34 CONSTITUTION OF THE UNITED STATES. 



Acts of 
State ac- 
credited. 



Priviles:es 
of citizen- 
ship. 



Fupitives 
from jiis- 
tice to be 
tleliveixd 
up. 



ij^aceeamad o4 e'i^e^^p otne^r u^a^e. Q/bnco 



^ne Joana^eAd oiiaip -^ aeneza^ ^c 



7 V 



')azcf-d 



QAocld, 0i)6co^cl^ ana c/^oceeai?ia6 An.a€o 
4e A^oved, ana lue &Meci ln^6^eop 

c/ecUon, S. U^ n^e ^iU^e7Z4 o^ eacn^ 
u^aie ^Aa/"^ w en^ii^ea ^o a€^- zyu^^l= 
€ea66 ana tJ^mwAinUied a4 ^iU^e7t6 m 

Qw iy 6^^on cn^aMea m any' Cj^a^e 
Z(/iin^ fJ^ ^eaAon, t^ elon'u, o'r olueT ^^i^ne, 
^(J■n^o An^a€€^ ^^&ee f^arn li^^Aiice, ana w 
4oana m analue^ jlale, Ana'v/^ on &De^ 
Tnana g4 ^ne exeaUit^e Qwcc^no^U'u oi- 
Ine c/Z^ale 4zam ^(^nlcn^ ne ^'tea, w ae= 
€lV6^ea a/i, ia w ^e^novea ^o ^Ae c/la^e 



ri!,aiMnt 



CONSTITUTION OF THE UNITED STATES. 85 



«yy c 'tye^6-09^ net a ^o U6^vtce O'T- ^a= 
v-oio^ in 07ie U'^a^e, tinae'r' ^ne ^at(/6 
l/le^eo4, e&caAina i?i^c ano^/ie^, Ana€€, m 

lion l-Uezein; Se al^cua^aec/ 4^a'37^ AticA 
ue^vlce cr <tk^awic7^ , ^u^ An.a€t^ w ae^ 
llV6^6a uA on ^/ai^m. o^ ^Ae 'iora^i^ lo 
tCAUOTTi 6-iccn^ C/6^^^lce ot <t^avoic7^ ona^u 
v-6 acce. 

c/6clicn. 3. ^JYe^(A cflaled Qnay> 'ue 
aa^niMed v-^i/ ^ne ^onaze&d mlo luid 
''^Ibnion ; ^til no neia- c/^al& d-nal/ 'Ue 
4o^?neco ^i?^ ezeclecl ^aUnm ^ue lu^l^c/lc= 
lion oi any cl/ie^ cf^a^e ; no^ an^ii' cf^aie 
M ^o^mea -^^ l/ie luncUcn ojf ^mo o^^- 
'n^o^e c/'laled, o'r 0^a^l:^ od j'laled^ ^//ilu^ 
oi{.l ^ne ^07iAenl oi- ^Ae .^eaM€ cUu^e6 o4 
lAe c/la^ed conceineco ad ^(^eA'V ad of lue 
%ona^eA6. 

rJ Ae ^ona^eA^ ^Aa/l nat^e ^^^OT^e^r^ 'lo 
i&/io6-e oi ana 07ia^e at/ neec/da/ €/ha'ied 



Fugitive 
slaves to 
be deliv- 
ered up. 



Nevv 
States 



Territory 
and other 
property of 
U. States. 



36 CONSTITUTION OP THE UNITED STATES. 



Republi- 
can form 
of govern- 
ment gua- 
rantied to 



Protection 
of States. 



Amend- 
ments to 
this Con- 
stitution. 



and c/i)eaictalion6 ^e^/ieciina ^ne kJ 6^^l= 

l^e ^l/onUed u^aied ; ana no^nma m 
^nid ^on^iUahan Aua€^ m &0' con&^^aea 
ad ^0 'ty^ej^aaice Oyn^u^ ^'vaimd o4 ^Ae 
^c^nUea c/^aied, ot^ o-4 any^ ^la^llcuta'r^ 
Kj^a^e, 

c/eclian. A, ^ n^6 ^Ibnilea cfia^ed 
d-na^C^ aloa^aMte6 ^o eve^'^ c/^a^e m ^ni6 
^Ibnion a 0i)eAio^tican f^^ o^m c4 Q ov-= 
ei^nmenl, ana &n^al^ ^^olec^ eacn^ o4 
In^G'iTi aaam^l Kjn'i}auo7i ; ana on Q/b/i^ 
/t/icalion o4 'In^e <^eal6'vatlc^e^ o^ oi- 
Ine ^cceca^ive [mnen ^ne ^eaid-'vaia^e 
cannal ^& canv6nea\ aaamdl ao'meAiic 
^Uio^ence. 

o4 "u^o^n^ cywou^cd 6.na€€^ aeem il neced^ 
^a^y, Ana// ^^^(>^lo6'e Qm^nenaTn'en^d ^o 



CONSTITUTION OF THE UNITED STATES. 37 



Tnen^d, ^onlcu, l7^ eUAe^r ^aAe, d-nat'l w 

vatico ^0 M'C tjrUen^d and iy u^flo&e6, ad 

xya^l oi ^Uid ^and^Uulian , za-n.e?i ^a^l^ 

ilea -^ ine .=£eal^€a^u^e6 o-€ l^zee 

^ani>e9ihond i^ /:u^e6 4aa^lnd l:ue^6oi, aA 

lUe one o-t^ l^ue ol/ie'T- ^koae o^ 0baU= 

4icaUon onay' w /izo^io^ea ^^u ^Ae ^on= 

a^e^^ ; ^^zavcaea iAal no Q/bQne^za'f^tenl 

'w-uicA 97zay' Ae onacAe ^?y^l09^ ^o i^Aie ^IpeaT' 

U7ie lAoud-ancA ecaAi^ AluncA^ecA ancA eian-^ 

d'AiaAt m any' ^^l:^anne^ aAAecl ^Ae €l^^t 

ancA Aoa^i'n. v?AaaAed m ^Ae ^Jv lnlA^ 

C/ec^io7z oA I'Ue AmA^ Q/{r)^UcAe ; ancA 

lual no c/lale, ^(^ilUoal ild- ^^ond-enl, 

duaAA A-e cAeA^^tvecA oA iA 6- eaaav cAuA^ 

A^aae m ^Aie c/ena^e. 



Proviso. 



38 CONSTITUTION OF THE UNITED STATES. 



Debts of 
former 
Govern- 
ment re- 
cognised. 



What con- 
stitutes 
the su- 
preme law 



Judges 
bound to 
support. 



Oath of 
public offi- 
cers to 
support 
tlie Con- 
stitution. 



^vtitlt^ YI. 

&De^i6 cGnl^ac^6a ana 0n= 
aaaeTnen^d enl6^ea m^o, w^o^e ^ne 

'0-6 ad vatia aaam^/: ^ne ^Ibni^ea u^a^ed^ 
unaeT '^nid ^an&^Uahon, ad unae^ ^ne 
^an4eaezalion. 

U' ni6 ^ond-ti^a^ian , ana In.e <tI^a^(/6 



a^ ^ue ^IbnUea cf^a^ed ^a-nicn^ Mza 
wiaae m iywid-icance ^Ae^ea^ ; ana a 
U^ ^eaiied maae^ ot^ ^(^nlcu dnayt^^ v-e-Triaae, 

jla^ed, Ana^^ 'ue ^ne diofi^eme ^aw- oi 
Mie ^ana ; ana ^ue i^aaaed m eve^^ 
C/^aie Aua^V't 'V-e wana ^n^e^6v■'U', an^u 
U^ Ama m ^^ ^anA/:UaUan oo^ <^au^6 
an^u jlaie ^o ^n^e ^(}n^^a^y no^utUA= 

T 

c/6na^a^6 ana 0i)6A^6^en^all1^e6 
'U■e4a^e Tnen^ionea, ana Ine t^fm77zM^6 o€ 
^Ae A6^^e^a'C c/la^e ^6alA€^cUa^e6 , ana 



Alanam 



'^'16 



CONSTITUTION OF THE UNITED STATES. 39 



a// exectihve and i'toc/icia/ Oiiice^d, wmi^ 
a^ I'de ^^niled d^ia^ed anc/ cj^ me Aeve^at 
d^^a^ed, Ana// /e /ounc/ /u Oal'U or 
Q/bMt^'yi^aila'nJ ^o uiA^ioil mu ^onAU= 
laiion y /t^l^ no letiaiaud ^ e^l d-uai'^^ 
ever /e ^eailt^eco ad^ a auatiiicalion ^c 
any' Od^ice or fiaMic ^ ^lo^l unaer me 
^IbnUecl j^a^ed. 

att(tlr. vii. 

3^de 0l)ah4icaUo?i oj^ me i^onven= 
hand (?/ nine J^ahd, Ana// 4e Aiii4i= 
cient ioT me 0Ala'v-/iA/9nenl oi i/ud 
^^onAlUiilian /eita-een me j^ahd ao ^ali^ 
incna me c/ame. 

UOnC m ^onvenUon /y me ^lknani=: 
onouA ^onAenl: ad me c/la^eA /i^e= 
Aenl me c/evenleenm ^Da^u oi 
c/eA/:ew,/e'r m me ^Itear <?/ our 
^o^a one motiAana Aet^en nicn^ 
aiecl ana ^la/ly Aeven ana o4 



No reli- 
gious test. 



Ratifica- 
tion of the 
Constitu- 
tiou. 



When 
formed. 



40 



CONSTITUTION OF THE UNITED STATES. 



UOitnC00 ^cf■Ae^eo€ ^rFe nave /le^elonlc 



ana 



/ 



^uU^ 4ia')n ^ui^amia 



^Jye'-ia- c7Wa77l/^&fl{.^6 ^ ^ - - ^ 



tyM)ayA&acnu6'6lld 



onnecUcal: 



^enn^^Uv 



ennd-'U'tvania 



tJYicno€^ad i^ I'V^nan 
II fad fJloma 

oaeo^ Cj ne^nian 
eccanae'T^ c7wa7)ii€^an 

^Davia '^J^6a^€ey. 

jf^ona: ^a^ulon 

^ ^^ ^ann.tl7l 

Q ec ^/'Ufne'r' 



CONSTITUTION OF THE UNITED STATES. 



41 



eta^o■a^6 



Qeo: 0i)eacl 



6a'^o^a fton 






0i)lC'na^c/ ^ciA&e^l 



^lC'7^a^^ 



fa 



%acc: tfAJ^oo'nh 



a^ned- 



671^% 



'f 



^^ba^'utana { &Da7i o4 J^C^no^ /Rentier 



^Uizainia 



,JYa^i:n. ^a^ati', 



oun 



■ai'T- 



ina< 



Joa/:n> ^c 



diaries CotesioortJi Pincliney 



a%G€ma 



'6a^€e4 ^i7^c^ne% 



ie^ce 



7 



utte^. 



Attest William Jackson Secretary 



lam ^ et(A 



^ iiyj ai^dzc^m 



4* 



42 



CONSTITUTION OF THE UNITED STATES. 



Proposed 
first Con- 
gress. 
First Ses- 
sion ]\Iarch 
4tli 1789. 



Rights of 
consci- 
ence, free- 
dom of the 
press, &c. 



The following articles in addition to, and amendment 
of, the Constitution of the United States of America, 
have been ratified by the requisite number of States, and, 
pursuant to the fifth Article of the original Constitution, 
have become a part of that instrument. 



Right to 
bear arms. 



Of quart- 

erin? 

troops. 



QAo^licte ^n.e 4l^^t....,^ana^e^^ Ana 
Tna^^e no €a7//- ^ed-Aeclma a?i eAlaMi&n= 

6a>e^ci6-6 ^ue^ea4 ; oo^ av■^laal7^a ^ne ^^eeaom 

a4 ide A 






zecnte fieacea 



io aAd^eTTiA^te ana 
lo fieiiltan ^Ae Q o■^)■e^nm6nl 4aT a ^ea^ed-d 



'^^levanced. 



^mt'Uia, Mina nece&Aat'u lo 'tne 6-eca^ 
^Uy o4 a ^^ee ula^e, ^ne uan^ o^ ^ne 
Aeofile '^c Aee/h ana ^ea^ Qw^7}?y^, Anat/ 
nol 4e ini^maea. 

QAo^llc^6 ^ne 'tnl^a......t_J^ o c/o/aie^ 

Ana//, m iime o4 ^leace w aMa^le^ea 
m an7/^ nanAe, tminoal ^ne con^enl o4 



CONSTITUTION OF THE UNITED STATES. 



43 



%e OtcLne'T, na'r^ m lime of ^cfa^; ^^til m 



^/ie fieofi^e lo €^& ^ecti^e m {:netT ^l6^6.07l^, 
notod^ed, f^af^6^4, a7ic/ efiectd, aaain&^ un^ 

nol w vto€aiea, anco no f/a^^ant^ 
6na€€^ t^^-tce, v-u^ ufion ^l^ov^aMe caude, 
Mofifioi^ec/ ^ Ocdn> ot^ aiit^7)^atl07l , 
a7ia fla^€lcu€a^/n a6^c^imna ^£e ^i/ace 
^0 M A6a^cnea^ a?ic/ Ine ^i 
^ni7iQ6 ^0 "de d^ei^ec/. 



^le-iAond 0^ 



Qwilic/e ^ne M'^'^ tJyo ^lezAon 

A-uatt €^e Ae'uo io an^K/ej-^ €o^ a ca/ii^a€, 
07^ o^'UertiMd'e mia^noccd ctvMe^ un/ed^d on 
a A^e6.e7^i:9ne7^l ot^ inaic^97ient o4 a Q ^ana 
/^u^u, eccceA^ i7i ca6-e6 aiiU7ta i7z ^ne 
ta^td 07^ 7iavai^ 4o^ce6^ ot^ m 'tne ^o::i€^^= 
^ic&j 7.(Arie'n m ac^ua^ Ae^/iMce m Ii7n6 o 



aa 



AnM'O 



Right to be 

secure 

from 

searches, 

general 

warrants, 

&c. 



Indict- 
ments, 
punish- 
ments, &c. 



44 CONSTITUTION OF THE UNITED STATES. 



Indict- 
ments, 
punisli- 
ments.&c. 



Trial in 
criminal 
eases, and 
the rights 
of a defen- 
dant. 



any ^le^^07^ w Au^O-^ect €0'?'' €'h6 Aame 

m any (^^iwtina€^ ^ad-e ^c ^u^e a taUne^d 
aaatnd^^ n.ini6^6/4, no^i^ w aeA^ivea oi "Ciie, 

ceA6 o4 €at(A ; na^r^ Ana€€ fl^lva^6 ^i^c- 

j'Ud^l cam/ienAahan, 

Q/b^llc^6 ine uxin.. J'n a/t^ czfrni^ 

na€^ ^^a6.6Clollan6J i^e accicAea Anat/ en^ 
j^ay ^/i6 ^lan.l ^0 a Afieea^ a?ia ^luMic 
l^ia€, v-y an l7nAa^Ua'C /^^J^ of ^^^ 
Cfiale ana al^i^lcl ^(^ue^eln l:ne c^i7}Z6 
Anu€'& nave v-een coTnonMea, UAnicn ai6= 
^^Lcl Auat^ nave ^u-eefi ^l^6Vla(M'V'u aAce^= 
iamea -^^^ €atcf-, ana lo w lnio^7n6a o€ 
lUe nalaze ana cau&e <?/ ^ne accilAa/:io7z ; 
lo ^6 canfmniea ^c/iln ^ne ^o-Un6^Ae6 
aaain&^ ni?n ; ^0 nave ^aTnAa/d-o^'u 
f^^oce6-6 fa^r a^lainina "^l7UneAA66 m 



CONSTITUTION OF THE UNITED STATES. 45 



fud iavo'y', ana lo nave ^/le QAoAUd^= 
ance o^ ^aan^e/ 4oo^ Md ac4cnc6, 

Q/b^^ic€e- ^ne Aevenl/i . . J/n uui^d at 
caTrtTTbOTZ laKA; ^(^fle^& i^ue va€u6 i?i con= 
i^ave^^-'U d-na^t^ exceed l^c/enlu ao'l€^a^^, tne 
^tant ad tua€ -^ /^^J^ Anat^v €>-e ^ize= 
a, ana 7io iaci: tiiea ^y a J^a^y., 



6.e^vei 



6'na'c/ S-e olne^zaid^e ^e-exa^nined m any 
^oio^{: o€ Mie ^lf:)nUea c/lale6, tnan 
acca^alna to tue Allied oi^ ine co7n'}7ion 
ta2(/. 

Q/htlicve tn^e eianln> . . . ^xce^uve ^ai/ 
d-na/'^ not v-e ^ealcl^ea^ no^ exce^Mve imed 
imfioAea, no'r c^ae€^ ana unicMiat^ fian~ 
iAn.?ne7i€6 cni/ictea. 

Q/bzUcle tne ni?Un. ., ^J ue enl07ne^ation 
m tue ^onAtilation , o^ ce^tain ^lanid, 
Auat/ nol M can^tzaea ta aeny 09^ atd= 
/laiaae atue^d ^elamea ^v-y tne ^zeo^i/e. 

Q/(o^tlc€e tne tentn, ^ ne ^G^(/e^6 nol 

ae^eaaiea to tne ^t^onitea c/tate<i /'^y tne 



Trials in 
civil cases. 



Bail and 
fines. 



Rights re* 
served. 



Powers re- 
served to 
the States. 



46 



CONSTITUTION OP THE UNITED STATES. 



Proposed 
at the first 
session of 
the third 
Congress 
Marcli 5th. 
1794; and 
declared 
to have 
been adop- 
ted by the 
Constitu- 
tional 
number of 
States, 
J any. 8th. 
1798. 

Judicial 
power. 



See Art. 
iii. sec. 2. 



Proposed 
Dec. ]2th. 
1803; and 
declared 
to have 
been adop- 
ted Sept. 
25th. 1804. 

Manner of 
electing 
the Presi- 
dent and 
Vice-Pres- 
ident. 



an^liltUion, na^r fimAi'^^i^eco ^y i^ lo 






anc& ^^a'i:e' -^ ^D^a^^al 4a^ ty^6uaenl ana 
^Uice~tyz6Aiaenl^ one o4 ^(^nam, al 'leaAi^, 
6nat€ nal w an mn^a^^ilani ojf -Ine Aa'y?z6 
dla^e w^iln ^uemAe€ved ; Ineu Ana't€ na'i^ze 
m ^neir ^atlald ^ne ^lezAon votea ^oo^ ad 
'^^6^ta6nl, ana m aiAlmcl ^a€€o^d ine 
Aei'Aon vo^ec/ 4o7^ ad ^UlC6-0^^eAic/6n^, 
ana ^ue^ A/iat^ ona^^e aiA^mcl 'UA^d ^/ 



CONSTITUTION OF THE UNITED STATES. 47 



a// jfle^^on^ vo^ea ia(r ad iy leuaenl, and 
oi a€^ fle^^an6 votea 40^}^ ad- ^Uic6~xy ^eu= 
c/efU^ ana o4 ^ne nit^mwT^ o^ i>oted ia^ 
eac-O', ^(/nlcn' €ia16 i'^ey Ana€€^ a tan ana 
ce^^{4'fl^ ana ^^an&7mt Aea^tea io ^ue Aeal 
o4 ^ne aoveinmenl o4 ^ne ^l{:)7iiiea c/^a^ed^ 
c/l^eclec/ ^0 ^/ze ^^eAlaenl ai- ^ne u ena^e ; 

^ 'ne 0^^eAiaenl: o4 ^ne c/e7zale Anai^, 

en ^ne fl^eA6nce o4 ^ue uenale ana cy&^oa^e 
o4 0he/i^e6-en^a^ived J ofie7i a't/ ^ne ce^ltii^ 
cabled ana In^e i^oled d-na^i't ^fzen 've coan^= 

ea ; tj ne ^lez&on 'Uavtna ^Ae a^ea^e6.i: 

ntm?.^6'r^ o4 valed 4o7^ ^^^eAiaen^, 6-nal€ 
v-e ^ne ^^^eAiaenl^ i'4 d-acn' naTU'Ve^^ ^e a 
mam^U^ o-i ^ne 2^/20/0 ntiTnM^ oi €)€ec^ 
^ozd a4i4iai7ilea ; ana ii no Ae^Aan nave 
AiicA mato^i^t/f Inen 4^onb ^Ae 4^e^6-on6 
uavma ^ne niane^l nao^zv-eo^d na^ exceed^ 
ma Intee on ^ne 4iaI o4 ino&e vaiea iaT 
ad )cy^euaen^, me c:7&^aiiAe oi 0i;e'A^e= 
6-enlalive6 &na/€ cnoa^e i7n'77zeaude€y , -^^ 



Manner of 
electing 
the Presi- 
dent and 
Vice-Pres- 
ident. 



48 



CONSTITUTION OF THE UNITED STATES. 



Manner of 
electing 
the Presi- 
dent and 
Vice-Pres- 
ident. 



'-16 cy^euaenl, Ine voled Ana// v-e ^a/en 

&la^6 AaiMTia one i^o^e ; a aico^icTn fo^r^ 
Imd ^^u^Aa^6 6^na€€ cotiaiaI o^ a onewi^e^ 



09^ one?}zv-6^d 4^077^ i^(A(>~^nl^a^ 

Abated, a7zd a 7?^aJ^o^U'U o4 a// ^'£e Aiaied 

Anal/ w nece^^a^^l' ^c a cnaice. 



Qwnc/ 



ii- ^ne cywouAe o4 0i)6A^e66nlaiii^ed Ana 
na^ cnoaAe a iy ^eMaen^ ^a■n69^6V6^ €ne 
^la/U o^ cnoice Ana// c/eva/}6 u/zan 
i/e7n; /e€o^e ^ne 4aa^ln aa^u o€ , t^wa^cn 
nexl ia/totcAina, ^ne'n ^ne ^Uice-'c/^eA= 
iaenl Ana// acl ad cy^eAcaen^, ad m ^ne 
caA6 o-i ^ne aealn gt o^ne^ caTiAiUaUana/ 

aiAa/i/il^ oi- ine cJ^^eAiaeni. ^ ne 

^lezAan nat^ma ^ne a^ea^eAi^ fiuni'V-eT^ o4 
vo^ed ad ^Uic6~)cr^6Aiaen/:, Ana// /e ^ne 



aen^^ if Aucn nic'in.i/e'r' 



a 



7n'a^a^iin a€ Ine ^(^n&/6 naTn/e^)^ e4 ^/ec^-^ 
a^6 aJifiomiecC, ana id no /lezAon nave a 



CONSTITUTION OF THE UNITED STATES. 



49 



4g^ i/ie f^il^flo^& ^na€€ conud-^ oi /«^^^ 
c/ a 9)^afo^U^p of tne ^a-no€6 nii9?iv-eT 



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no fie^MTi conAtUa^iona'V't'u me'tiai^le ^o 



^0 l:na^ <?/ ^Vic& - 0^^e6-i(/en^ o€ ^ne 



Agreeable to the third paragraph of Art. II. Section 
I. of the original Constitution, Congress passed a law on 
the 23rd. of January, 1845, "that the electors of President 
and Vice-President shall be appointed in each state on 
the Tuesday next after the first Monday in the month of 
November of the year in which they are to be appointed. 
Provided^ That each state may by law provide for the 
filling of any vacancy or vacancies which may occur in 
its college of electors when such college meets to give its 
electoral vote. And provided also, When any state shall 
have held an election for the purpose of choosing electors, 
and shall fail to make a choice on the day aforesaid, then 
the electors may be appointed on a subsequent day in 
such manner as the state shall by law provide." 

Note. The Articles in addition to, and amendment of, the Constitution, have been numbered 
in the order of their adoption, (not as proposed). The 11th and 12th Articles were written 
on separate pieces of parchment, and were not numbered, when proposed ; they have assumed 
the above titles by their adoption. 



Manner of 
electing 
the Presi- 
dent and 
Vice-Pres- 
ident. 



Election 
day deter- 
mined by 
Congress. 



Vacancies. 



In case of 
no elec- 
tion. 



INDEX TO THE U. S. CONSTITUTION. 



51 



INDEX 



CONSTITUTION OF THE UNITED STATES. 



Arts and Scien-ces, to be promoted - . - - 
Acts, records, and judicial proceedings of each State entitled 
to faith afi'd credit in other States - - - - 
Amendments to the Constitution, how made - - - 
" " made . - . 

Appointments, to be made by the President - 
Apportionment of Kepresentatives 
Appropriations by law - - 

Appropriation for army, not to exceed two years 
Armies, Congress to raise and support - 
Arms, right of the people to keep and bear 

Assemble, people may 

Attainder, bill of, prohibited to Congress 

« prohibited to the States 

« of treason, shall not work corruption of blood, 

or forfeiture, except during the life of the 

person attainted ... 

B. 



Art. 

1 



- 2 



Bail, excessive, not required 

Bankruptcy laws to be uniform - - - - - 

Bills for raising revenue, shall originate in the House of 
Representatives .-.-.. 
" before they become laws, shall be passed by both 
Houses, and approved by President ; or, if dis- 
approved, shall be passed by two-thirds of each 

House 

" not returned in ten days, unless an adjournment in- 
tervene, shall be laws 

Borrow money. Congress may 



- 3 



1 
1 

2 
2 
9 
8 
8 

A^ 
A^ 
9 
10 



Sec. Page 
8 18 



14 



1 


7 


14 


1 


7 


15 


1 


8 


16 



* A stanJs for Amendment. 



52 



INDEX TO THE V. S. CONSTITUTION. 



c. 

Capitatiobt tax, apportionment of. (See also v. Wheats 

317; iii. Ball. 171.)* 
Ceksus, or enumeration, to be made every ten years 
Citizens of each State shall be entitled to the privileges 
and immunities of citizens in the several States. (See 
also iv. Johns' Chancery Reports, 430.)* 
Claims, no prejudice to certain - - - - 
Claims of the United States, or of the several States, not 
to be prejudiced by any construction of the Consti- 
tution 

Coasting trade, regulations respecting - . - - 
" " no preference given - - - - 
Coins, Congress fix value of foreign - . - 
CoMMEBCE, Congress to regulate - - - - - 
" regulations respecting, to be equal and uniform 
Commissions, to be granted by the President - - - 
j Common law, recognised and established . - - 
Congress, vested with power . . - - . 
« may alter the regulations of State Legislatures 
concerning elections of Senators and Repre- 
sentatives, except as to place of choosing Sena- 
tors 

" shall assemble once every year - - ' - 

« officers of Government cannot be members of - 

« may provide for cases of removal, death, &c., of 

President and Vice President - . . 

« may determine the time of choosing electors of 

President and Vice President ... 

" may invest the appointment of inferior officers 

in the President alone, in the courts of law, 

or the Heads of Departments - . . 

" may establish courts inferior to the Supreme 

Court ....--. 

« may declare the punishment of treason 

« may prescribe the manner of proving the acts 

and records of each State - - - - 

« to assent to the formation of new States - 

« may propose amendments to Constitution, or call 

a Convention - 5 

" to lay and collect taxes, duties, pay debts, &c, 
(See also v. W^heat. 317.)* 



irt. 


Sec. 


Page 


1 


9 


21 


1 


2 


7 


4 


2 


34 


4 


3 


36 


4 


3 


36 


1 


8 


17 


1 


9 


21 


1 


8 


17 


1 


8 


17 


1 


9 


21 


2 


3 


30 


7 


Af 


45 


1 


1 


6 



1 


4 


11 


1 


4 


11 


1 


6 


14 



26 



25 



2 29 



3 


1 


30 


3 


3 


33 


4 


1 


34 


4 


3 


35 


5 


1 


36 


1 


8 


17 


t Amendmen 


. 



* Reports of judicial decisions ; for Lawyers and Legislators. 



INDEX TO THE U. S. CONSTITUTION. 



53 



CON-GUESS to borrow money. (See also ii. Pet. 465.) 

« to regulate commerce. (See also ix. Wheat. 1 ; 
xvii. Johns, 488.) 

" to estabUsh uniform laws of bankruptcy and natu- 
ralization. (See also ix. Wheat. 1 ; xvii. 483 -, 
i. Pet. 251 ; iv. Wash. C. C. R. 317 ; vi. Pet. 
515; ii. Wheat. 269; iv. Wheat. 122, 192, 
209 ; xii. Wheat. 213; xx. Johns, 693.) 

« to coin money, regulate the value of coin, and fix 
a standard of weights and measures 

" to punish counterfeiting 

" to establish post offices and post roads 

" to authorize patents to authors and inventors. 
(See also iii. Wheat. Ap. 2, p. vii. V\^heat. 356.) 

" to constitute tribunals inferior to the Supreme 
Court. (See also i. Pet. 546.) - 

" to define and punish piracies, felonies on the 
high seas, and offences against the laws of 
nations. (See also iii. Wheat. 336 ; v. Wheat. 
76, 153, 186.) 

" to declare war, grant letters of marque, and make 
rules concerning captures. (See also viii. 
Cranch, 110, 154.) 

" to raise and support armies - . - . 

" to provide and maintain a navy. (See also iv. 
Binn. 487.) 

*' to make rules for the government of the army 
and navy ----..- 

" to call out the mihtia in certain cases. (See also 
V. Wheat. 1 ; xix. Johns, 7.) 

" to organize, arm, and discipline militia. (See 
also iii. S. & R. 169; v. Wheat. 1; xix. 
Johns, 7.) 

« to exercise exclusive legislation over seat of Gov- 
ernment. (See also v. Wheat. 317, 324 ; vi. 
Wheat. 440 ; xvii. Johns, 225.) 

" to pass laws necessary to carry the enumerated 
powers into effect. (See also i v. Wheat. 413; 
vi. Wheat. 204.) 

" limitations of the powers of. (See also i. Wash. 
C. C. R. 500.) 

" to dispose of, and make rules concerning the ter- 
ritory or other property of the United States 



Ut. 


Sec. 


Page 


1 


8 


17 


1 


8 


17 



17 



1 


8 


17 


1 


8 


17 


1 


8 


18 


1 


8 


18 



18 



19 



19 



1 


8 


18 


1 


8 


19 


1 


8 


19 


1 


8 


19 



19 



19 



8 20 

9 20 

3 35 



54 



INDEX TO THE U. S. CONSTITUTION. 



38 



1 


39 


10 


23 


1 


37 


8 


17 


2 


32 



8 


18 


1 


30 


2 


34 


2 


32 



Art. Sec. Page 
Congress, President may convene and adjourn in certain 

cases 2 3 29 

Cojs-STiTUTiON, how amended ....-51 36 
" laws and treaties, declared to be the su- 
preme law 6 

" rendered operative by the ratification of 

nine States. (See also v. Wheat. 422.) 7 

CoifTiiACTS, no law impairing 1 

CosrvENTioifs, for proposing amendments to the Constitu- 
tion 5 

CouNTERFEiTiiirG, Congrcss to provide for punishment - 1 
CouBT, Supreme, its original and appellate jurisdiction. 3 
(See also v. Serg. & Rawle, 544; i. Binney, 138; 
i. Wheat. 327 ; vii. Pet. 276.) 
Courts, inferior to the Supreme Court, may be ordained by 

Congress 1 

Ditto ditto - - - 3 

Crimes, persons accused of, fleeing from justice, may be de- 
manded. (See also iv. Johns' Chanc. Rep. 106.) 4 

« how to be tried 3 

Crimiis^al prosecutions, proceedings in cases of - - 6 A* 44 

D. 

Debts, against the Confederation, to be valid - - • - 6 1 38 

Duties, to be laid by Congress, and to be uniform - - 1 

" further provision respecting - - - - 1 

" cannot be laid by the States - - - - 1 

" on exports prohibited 1 

« on imports and exports, imposed by States, shall 

inure to the Treasury of the United States - 1 10 

E. 

Elections, of Senators and Representatives, shall be pre- 
scribed by the States . ... 1 4 
" quaUfications and returns of members of Con- 
gress, to be determined by each House - 1 5 
Electors of President and Vice President, how chosen, 

and their duties ...... 2 

« altered 12 

" to vote the same day throughout the U. States - 2 
« no Senator, or Representative, or public officer, 

shall serve as ------2 1 25 

* A stands for Amendment. 



8 


17 


9 


21 


10 


23 


9 


21 



23 



11 



12 



1 


24 


A* 


46 


1 


25 



INDEX TO THE U. S. CONSTITUTION. 



55 



Enumeration, every ten years 

Executive power vested in a President. (See President) 
Exports, not to be taxed ------ 

" and imports. States prohibited from laying duties 

on 

Ex post facto law, none shall be passed. (See also iii. 
Dall. 386, 396 ; vi. Binn. 271.) 
« « « prohibited to States - - - - 



FiKEs, excessive, prohibited - - - - 
Fugitives, from justice, to be delivered up 

" from service, may be reclaimed - - - 

H. 

Habeas corpus, writ of, can only be suspended in cases of 
rebellion or invasion - - - - 
House op Representatives. (See Representatives.) 
" each may expel a member, (i. Hall's Am. Law 
Journal, 459.) 

i. 

Impeachment, to be brought by House of Representatives - 
" tried by the Senate - - - - - 

" judgment on ----- - 

" all civil officers liable to - 

Importation or slaves, not prohibited till 1808 



J. 



(See 



Art. 
1 
2 
1 

1 
1 



Judges, shall hold their offices during good behavior. 

also i. Pet. 546,) 3 

Judiciary, tribunals inferior to Supreme Court may be 

created --1 

Judges, their compensation. (See also vii. Johns' Ch. R., 3 

303 ; i. Wheat. 327 ; i. Pet. 546.) 
Judicial power, vested in a Supreme Court, and courts 

inferior - - - - - - 3 

" powers of the Judiciary. (See Amend- 3 

ments. Art. xi. ; ii. Dall. 297 ; vi. Wheat. 
264, 405 ; ix. Wheat. 819 ; iv. Wash. 
C.C.R.371: i. Pet. 512; ii. Pet. 251; 
iii. Pet. 289 ; vii. Pet. 276 ; and Act 
of Congress, 1789.) 

* A stands for Amendment. 



Sec. 
2 
1 
9 

10 



10 



- 8 A^ 

- 4 2 

- 4 2 



Page 

7 

24 

21 

23 
21 

23 

4 
34 
35 

21 



1 


2 


8 


1 


3 


10 


1 


3 


10 


2 


4 


30 


1 


9 


20 



31 



8 


18 


1 


31 


1 


30 


2 


31 



56 



INDEX TO THE U. S. CONSTITUTION. 





Art. 


Sec. 


Page 


Judicial powek, restriction as to suits against a State. (See 


11 


A* 


46 


also vi. Wheat. 402 ; Pet. 110;vii. 








Pet. 627.) 








JtTDiciAi. PROCEEDINGS of each State are entitled to faith 








and credit in every State - 


4 


1 


34 


JuRx- TRIAL secured, and shall be held in the State where 








the crime shall have been committed - 


3 


2 


32 


" further regulated 


6 


A* 


44 


" secured in suits at common law where the value 








in controversy shall exceed twenty dollars. 


7 


A* 


45 


(See also viii. Wheat. 85, 674.) 








L. 

Law, what is declared the supreme - - - - 


6 


1 


38 


Law, common-, recognised and established - - - 


7 


A* 


44 


Laws, President to see them faithfully executed 


2 


3 


30 


Legislative powers, vested in Congress. (See Congress.) 








Loans, authority to make 


1 


8 


20 


M. 








MARaUE AND REPRISAL, letters of 


1 


8 


18 


Militia to be called out, armed, &c., by Congress - 


1. 


8 


19 


« to be officered by the States - 


1 


8 


19 


« to be commanded by President - - - - 


2 


2 


27 


« their right to keep and bear arms secured - 


2 


A* 


42 


Money shall be drawn from the treasury, only by appro- 








priation laws 


1 


9 


22 


« Congress to coin and regulate value . - - 


1 


8 


17 


« States cannot make - - ~ - - - 


1 


10 


23 


N. 
Naturalization, uniform rules 


1 


8 


17 


Navy, Congress to provide and govern - - - - 


1 


8 


19 


Nobility, titles of, shall not be granted by the U, States - 


1 


9 


22 


nor by the States 


1 


10 


23 


0. 

Officers, of House of Representatives shall be chosen by 








the House - . 


1 


2 


8 


« of the Senate shall be chosen by the Senate 


1 


3 


10 


« civil, may be removed by impeachment - 


2 


4 


30 


Order of one House, requiring the concurrence of the 








other 


1 


7 


16 

1 


* A stands for Amendment. 



INDEX TO THE U. S. CONSTITUTION. 



57 



Oath, of the President - 
" of the public officers 



Pardoks, President may grant - - - 
Patents to be granted to inventors - - - 

Petition, right of ...--- 

Persons held to labor or service, their importation or mi 
gration into the United States may be prohib' 

ited after 1808 - 1 

" escaping from one State to another, shall be de- 
livered up to those entitled to service 
Piracy, Congress to prescribe punishment ... 
Post OFFICES AND POST ROADS, establishment of 
Powers not delegated to Congress, nor prohibited to the 

States, are reserved. (See also i. Wheat. 325.) 10 
" Legislative. (See Congress.) 
" Executive. (See President.) 
" Judicial.' (See Judicial.) 
Preambie. (See also i. Wheat. 324, and v. Wheat. 420.) 
Presents from foreign powers to public officers prohibited 

Press, freedom of- - - 1 

President of the U. S. vested with the Executive power 2 
" « shall be chosen for four years 

« « how elected - - - 



Art. 


Sec. 


Page 


2 


1 


27 


6 


1 


38 


2 


2 


28 


1 


8 


18 


1 


A* 


42 


1 


9 


20 


4 


2 


37 


1 


8 


18 


1 


8 


18 


10 


A* 


45 



« « qualifications for - - - 

«* . «- who shall act in case of vacancy 

« «<- compensation of ... 

« " shall take an oath of office - 

" " may be removed by impeachment 

President, commander of army, navy, and militia - 

« may require the written opinions of the heads 

of Departments - - - 
" may reprieve and pardon - - 

" may make treaties, with consent of the Senate 

" iflay. appoint to office, with the consent of the 

Senate - 

" shall fill up vacancies happening during the re- 
cess of the Senate - 
" shall give information to Congress, and recom- 
mend measures 



1 


9 


22 


1 


A* 


42 


2 


1 


24 


2 


1 


24 


2 


1 


24 


12 


A* 


46 


2 


1 


25 


2 


1 


26 


2 


1 


26 


2 


1 


27 


2 


4 


30 


2 


2 


27 


2 


2 


28 


2 


2 


28 


2 


2 


28 


2 


2 


28 


2 


2. 


29 


2 


3 


29 



*A stands for Amendment. 



58 



INDEX TO THE U. S. CONSTITUTION. 



Phesidekt may convene both Houses, or either House - 
" may adjourn them in case of disagreement 

" shall receive ambassadors and public ministers 

" shall take care that the laws be faithfully exe- 

cuted ------- 

" shall commission all officers. (See also 

i. Cranch, 137.) 
PmyiLEGEs and immunities of members of Congress 
" of citizens. (See Citizens, also Rights.) 

PHOPEHxr, Congress to provide for care of pubUc property 
" shall not be taken for public use without just 

compensation 

Punishments, cruel and unusual, prohibited - - - 



Q. 



Art. 


Sec. 


Page 


2 


3 


29 


2 


3 


29 


2 


3 


30 


2 


3 


30 


2 


3 


30 



K. 

Keceipts and expenditures, accounts of, to be published - 
Records, how to be authenticated. (See also vii. Cranch, 
481 ; iii. Wheat. 234; vi. Wheat. 129 ; i. Pet. 
81, 352; X. Serg. & Rawle, 242.) 
Religion, no law to be made, free exercise of. (See also 
iii. Yeates, 520.) 
" religious test not required . - - - 
Reprieves, granted by the President - - - - 
Representatives, House of, composed of members chosen 
every second year. (See 
also v. Wheat. 422.) 
« « qualifications of inhabitants - 

« " qualifications of members - 

« « apportionment of - - 

« « vacancies, how supplied 

« « shall choose their officers - 

« « shall have the power of im- 

peachment - - - 
^' « shall be the judge of the elec- 

tion and qualifications of 
its members - - - 



A* 
A* 



Quorum, for business, what shall be - - - - 1 5 
" of States, in choosing a President by the House 

of Representatives 12 A'' 

Quartered, no soldier to be quartered on a citizen - - 3 A' 



12 



42 





2 


7 




2 


6 




2 


6 




2 


8 




2 


8 



* A stands for Amendment. 



INDEX TO THE U. S. CONSTITUTION. 



59 



I Art. 

Rephesentatives, House of, what shall be a quorum 

« « any number may adjourn 

and compel the attendance 
of absentees - - - 
« " may determine the rules of 

proceeding . - - 
« « may punish or expel a member 

« « shall keep a journal and pub- 

lish the same - - - 
" « shall not adjourn for more 

than three days, nor to any 
other place, without the 
consent of the Senate 
« « one-fifth may require the yeas 

and nays . - - 
« « shall originate bills for rais- 

ing revenue - - - 
« « compensation to be ascer- 

tained by law - - - 
« « privileged from arrest, except 

in certain cases 
Represektatites, shall not be questioned for speech or 
debate in the House - . - 
« shall not be appointed to office - 

" shall not serve as electors of President 

" and direct taxes apportioned according 

to numbers. (See also v. Wheat. 3 1 7.) 
REPKESEiyrTATioN of a State, vacancies in, supplied until a 
new election by executive authority - 
Resolution, order, or vote, requiring the concurrence of 
both Houses, to undergo the formalities of 
bills - - - - - 
REVEif UE BILLS, to Originate in House of Representatives - 
Rights of the citizen declared to be — 

privileges of citizens of the seve- 
ral States - - - - 
" " liberty of conscience in matters 

of religion - - - . 
" " freedom of speech and of the 

press 

" " to assemble and petition - 

* A stands for Amendment. 



Sec. Page 
5 12 



12 



12 



5 


13 


5 


13 


7 


14 


6 


13 


6 


13 


6 


13 


6 


14 


1 


25 


2 


6 


2 


8 


7 


1« 


7 


14 


2 


34 


A* 


42 


A* 


42 


A* 


42 



60 



INDEX TO THE U. S. CONSTITUTION. 







Art. 


Sec. 


Page 


Rights of the citizen to keep and bear arms 


1 


A* 


42 


« <( 


to be exempt from the quartering 










of soldiers - - - - 


3 


A* 


42 


« K 


to be secure from unreasonable 










searches and seizures. (See 


4 


A* 


43 




also iii. Cranch, 448, 453 ; vi. 










Binney, 316.) 








« it 


to be free from answering for a"" 
crime, unless on presentment 






i 




or indictment of a jury - 


5 


A* 


43 


« (( 


not to be twice jeoparded for the 










same offence ... 


5 


A* 


44 


« <( 


not to be compelled to be a wit- 


^ 








ness against himself 


5 


A* 


44 


« it 


not to be deprived of life, liberty, 
or property, without due course 










of law . - . _ 


5 


A* 


44 


(( it 


private property not to be taken 










for public use - - -J 


5 


A* 


44 




(See also iii. Yeates, 362 ; vi. 










Binn. 509; ii. Dall. 312; i. 










Serg. & R. 382 ; vi. Cowen, 










530; viLPet. 243.) 








if it 


in criminal prosecutions, shall 
enjoy the right of a speedy 
trial by jury, with all the 
means necessary for his de- 










fence ----- 


6 


A* 


44 


it tt 


in civil cases, trial to be by a jury, 
and shall only be re-examined 










according to common law - 


7 


A* 


45 


it « 


excessive bail shall not be re- 
quired, excessive fines imposed, 
nor cruel or unusual punish- 










ments inflicted - - - 


8 


A* 


45 


« <( 


enumeration of certain rights 
shall not operate against re- 










tained rights - . - 


9 


A* 


45 


Rules, each House shall determine its own 


1 


5 


12 


Seat of Government, 


S. 
exclusive legislation - 


1 


8 


19 


* A stands for Amendment. 



INDEX TO THE U. S. CONSTITUTION. 



61 



Searches and seizures, security against ... 
Sexate, composed of two Senators from each State - 
" how chosen, classed, and terms of service - 
" qualifications of Senators - - - - - 
" Vice President to be President of - - - 

" shall choose their officers 

'< shall be the judge of the elections and qualifica- 
tions of its members - - - - - 
" what number shall be a quorum - . . 

" any number may adjourn, and compel attendance 

of absentees 

" may determine its rules - - - - - 
" may punish or expel a member - - - - 
" shall keep a journal and publish the same, except 

parts requiring secrecy 

" shall not adjourn for more than three days, nor to 
any other place, without the consent of the other 

House 

" one-fifth may require the yeas and nays 
" may propose amendments to bills for raising reve- 
nue 

" shall try impeachments - - . . . 
" effect of their judgment on impeachment 
" compensation to be ascertained by law 

" privileged from arrest 

" not questioned for any speech or debate 
" shall not be appointed to office - - - - 
" Senator shall not be elector - - - . 
Senators a:vd Representatives, elections of, how pre- 
scribed 

Slaves, their importation may be prohibited after 1808 

escaping from one State to another, may be re- 
claimed. (See also ii. Serg. & Rawle, 206; 
iii. S. & R. 4; v.62 ; i. Wash. Circuit Court 
Reports, 500.) 
Soldiers not quartered on citizens - - - - - 

Speaker, how chosen ------- 

Speech, freedom of ------- 

States prohibited from — 

entering into treaty, alliance, or confederation ; 
granting letters of marque; coining money 



Art. 

4 



Sec. Page 
A* 43 



10 



5 12 

5 12 

5 12 

5 12 



5 


13 


5 


12 


7 


14 


3 


10 


3 


10 


6 


13 





13 


6 


13 


6 


14 


1 


25 


4 


11 


9 


20 



35 



3 


A* 


42 


1 


2 


8 


1 


A* 


42 



23 



* A stands for Amendment. 



62 



INDEX TO THE U. S. CONSTITUTION. 



Art. 
States prohibited from — . 

emitting bills of credit ; making any thmg a ten- 
der but gold and silver coin ; passing bills of at- 
tainder, ex post facto laws, or laws impairing 
contract ; granting titles of nobility - - - 1 
laying duties on imports and exports. (See also 1 
iv. Wheat. 122, 209, 518; v. Wheat. 420; vi. 
Wheat. 131 ; viii. Wheat. 84, 92, 256, note 464 ; 
xii. Wheat. 213, 370; xvi. Johns, 233; xii. 
Mass. 16; vii. Johns, Ch. R. 297; ii. Cowen, 
626; i. Rawle, 181 ; iv. Pet. 411, 514; vii. Pet. 
469 , viii. Pet. 40.) 
laying duties on tonnage - - - - - I 

keeping troops, or ships of war, in time of peace - 1 
entering into any agreement or contract with an- 
other State, or a foreign power - - - 1 
engaging in war ------ 1 

States, new, may be admitted into the Union - - 4 

« may be formed within the jurisdiction of others, or 
by the junction of two or more, with the consent 
of Congress and the Legislatures concerned - 4 
State judges bound to consider treaties, the constitution, 

and the laws under it, as supreme - - 6 
State, guarantied a republican form of government ; "pro- 
tected by United States - - - - - 4 

Supreme Court. (See Court, and Judiciary.) 

Suits at common law, proceedings - - - - 7 

T. 
Tax, direct, according to representation - - - 1 

« shall be laid only in proportion to census - 1 

(See also v. Wheat. 317 ; iii. Ball. 171.) 

Tax, on exports, prohibited 1 

Texder, what shall be a legal 1 

Territorf, or public property, Congress may make rules 

concerning ------ 4 

Test, religious, shall not be required - - - - G 

Titles. (See Nobility.) 

Title from foreign State prohibited - . - - i 

Treason, defined --------3 

« two witnesses, or confession, necessary for con- 
viction -------3 



Sec Page 



10 23 
10 23 



10 


24 


10 


24 


10 


24 


10 


24 


3 


35 


3 


35 


1 


38 


4 


36 


A* 


45 


2 


6 


9 


21 


9 


21 


10 


23 


3 


35 


1 


39 


9 


22 


3 


33 



33 



* A stands for Amendment 



INDEX TO THE U. S. CONSTITUTION. 



63 



Art. Sec. Page 

TBEAsojf, punishment of, may be prescribed by Congress - 3 3 33 

Treasurt, money drawn from, only by appropriation - 1 9 22 

Treaties, how made 22 28 

" the supreme law 6 1 38 

« State cannot make - - - - 1 10 23 

V. 

Vacancies, happening during the recess, may be filled tem- 
porarily by the President - - - - 2 2 29 
" in representation in Congress, how filled - 1 2 8 
Veto or the President, effect of, and proceedings on - 1 7 15 
Vice President of the United States — 

to be President of the Senate - - - - 1 3 9 

how elected 2 1 24 

amendment 12 A* 46 

shall, in certain cases, discharge the duties of 

President 2 1 26 

may be removed by impeachment - - - 2 4 30 

Vote OF ONE House, requiring concurrence of the other - 1 7 16 

W. 

War, Congress to declare. (See also viii. Cranch, 110, 154.) 1 8 18 
Warrants for searches and seizures, when and how they 

shall issue 4 A* 43 

Witness, in criminal cases, no one compelled to be against 

himself 5 A* 44 

Weights and measures, standard of - - - - 1 8 17 

Y. 

Yeas and Nats, entered on Journal - - - -1 5 12 



*A stanJs for Amendment. 



STANDING RULES AND ORDERS 



FOR 



CONDTJCTING BUSINESS IK THE HOUSE OF REPRESENTATIVES OF THE UNITED 
STATES, AND THE JOINT RULES AND ORDERS OF THE 
TWO HOUSES OP CONGRESS, 



EXPLANATORY NOTES, AND THE TIME OF ADOPTION DESIGNATED 
OPPOSITE EACH RULE IN THE JVIARGIN. 



A COMPLETE INDEX 




Office Hmise of Repre- 
sentatives, U.S. 
Washington, Au- 
gust 16, 1851. 
I, Richard M. Young, 
Clerk of the House of 
Representatives of the 
United States, Do here- 
by certify, that Joseph 
Bartlett Burleigh's edi- 
tion of the RtTLES AND 

Orders of the House 
OF Representatites, 
and the Joint Rules 
OP THE TWO Houses of 
Congress, has been 
carefully compared 
with the edition print- 
ed for the use of the 
House of Representa- 
tives, and found cor- 
rect. 



Qyi A^i/Cc^i/^ o4/L i&//i;-^uvi^^-A^^^^ 



Clerk of House of Rep's, U. S. 



City of Washington, D. C. 
August 16, 1851. 
I have carefully compared Burleigh's edition of the Rums and Orders of the House 
OF Representatives of the United States, and the Joint Rules of the Two Houses of 
Congress, with the edition printed for the use of the House of Representatives, and 
found the same accurate. 

DANL. BUCK, 
Asst. Glk. Office House of Reps U. S. 



(66) 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



67 



STANDING RULES AND ORDERS 

FOR CONDUCTING BUSINESS IN THE HOUSE OF REPRESEN- 
TATIVES OF THE UNITED STATES, 

WITH NOTES. 



TOUCHING THE DUTY OF THE SPEAKER. 

Rule 1. He shall take the chair every day precisely at 
the hour to which the House shall have adjourned on the 
preceding day; shall immediately call the members to 
order ; and, on the appearance of a quorum,* shall cause 
the Journal of the preceding day to be read. 

R. 2. He shall preserve order and decorum ; may speak 
to points of order in preference to other members, rising 
from his seat for that purpose ; and shall decide ques- 
tions of order, subject to an appeal to the House by any 
two members ; [on which appeal no member shall speak 
more than once, unless by leave of the House. t] 

R. 3. He shall rise to put a question, but may state it 
sitting. 

R. 4. Questions shall be distinctly put in this form, to wit : 

"As many as are of opinion that (as the question 



* A majority of the House. — See U. S. Constitution, Article I., Sec. 5. 

•j- Difficulties have often arisen as to a supposed discrepancy between the 
appeal contemplated in this rule and that referred to in rule 35. There is 
no discrepancy. The question of order mentioned in the second rule relates 
to motions or propositions, their applicability or relevancy, or their admissi- 
bility on the score of time, or in the order of business, &c. The " call to 
order" mentioned in rule 35, on which, in case of appeal, there can be no 
debate, has reference only to " transgressions of the rules in speaking," or to 
indecorum of any kind. See also rule 51, in which debate on an appeal, 
pending a call for the previous question, is prohibited. 



Adopted. 



April 7, 
1789. 



April 7, 
1789. 



Dec. 23, 
1811. 



April 7, 
1789. 



April 7, 
1789. 



68 

Adopted. 



April 7, 
1789. 



RULES OF .THE V, S. HOUSE OF REPRESENTATIVES. 



Sept. 15, 
1837. 



Dec. 12, 
18]7. 



Dec. 23, 
1811. 



Jan. 13, 
1790. 



may be) say ^y/'* and after the affirmative voice is ex- 
pressed, 

'^ As many as are of the contrary opinion, say JVo* If 
the Speaker doubt, or a division be called for, the House 
shall divide : those in the affirmative of the question shall 
first rise from their seats, and afterwards those in the 
negative.! If the Speaker still doubt, or a count be re- 
quired, the Speaker shall name two members, one from 
each side, to tell the members in the affirmative and nega- 
tive ;J which being reported, he shall rise and state the 
decision to the House. [No division and count of the 
House by tellers shall be in order, but upon motion se- 
conded by at least one-fifth of a quorum of the members.] 

R. 5. When any motion or proposition is made, the 
question, " Will the House now consider it ?'^ shall not 
be put unless it is demanded by some member, or is 
deemed necessary by the Speaker. 

R. 6. The Speaker shall examine and correct the Jour- 
nal before it is read. He shall have • a general direction 
of the Hall. He shall have a right to name any member 
to perform the duties of the Chair, but such substitution 
shall not extend beyond an adjournment. 

R. 7. All committees shall be appointed by the Speaker, 
unless otherwise specially directed by the House, in 



* The U. S. Constitution prescribes Yea and Nat. Art. I., Sec. 5. 

j- The manner of dividing the House, as originally established by the rule 
of April 7, 1789, was, that the members who voted in the affirmative went 
to the right of the Chair, those in the negative to the left. This was, doubt- 
less, taken from the old practice of the House of Commons in England. The 
passing of the members to and fro across the House was found so inconve- 
nient, and took up so much time, that the mode of dividing the House was, 
on the 9th of June, 1789, changed to the present form, the members of each 
side of the question rising in their seats and being there counted. 

^ The two counters stand about three feet apart, in front of the Speaker's 
desk. Every member voting in the affirmative passes between the counters. 
Also every member in the negative. This plan is both more expeditious and 
less hable to mistakes than any other method ever devised. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



69 



which case they shall be appointed by ballot,* and if, 
upon such ballot, the number required shall not be elected 
by a majority of the votes given, the House shall pro- 
ceed to a second ballot, in which a plurality of votes 
shall prevail ; and in case a greater number than is re- 
quired to compose or complete a committee shall have an 
equal number of votes, the House shall proceed to a fur- 
ther ballot or ballots. 

R. 8. The first-named member of any committee shall 
be the chairman ; and in his absence, or being excused 
by the House, the next named member, and so on, as 
often as the case shall happen, unless the committee, by 
a majority of their number, elect a chairman.! 

R. 9. Any member may excuse himself from serving 
on any committee at the time of his appointment, if he is 
then a member of two other committees. 



* The rule, as originally adopted, April 7, 1789, directed that the Speaker 
should appoint all committees, unless the number was directed to consist of 
more than three members ; in which case, the ballot was to be resorted to. 

j-The occasion of this rule was this: Mr. John Cotton Smith, of Connec- 
ticut, had been chairman of the Committee of Claims for several years, and, 
on the 5th November, 1804, was reappointed. On the succeeding day he 
was excused from service on the committee, and his colleague, Samuel W. 
Dana, was appointed " in his stead." The committee considered Mr. Dana 
its chairman ; he decHned to act, contending that he was the tail. Being 
unable to agree, the committee laid the case before the House on the 2Cth 
November. Up to this time, there was no rule or regulation as to the head 
of a committee ; the usage had been that the first-named member acted ; but 
it was usage only. The subject was referred to a committee. On the 22d 
November, 1804, the committee reported, and recommended that the first- 
named member be the chairman ; and in case of his absence, or of his being 
excused by the House, the committee should appoint a chairman, by a ma- 
jority of its votes. The House rejected this proposition. The Committee of 
Claims the next day notified the House that, unless some order was taken in 
the premises, no business could be done by the committee during the session ; 
and thereupon, on the 20th December, 1805, the House adopted the above 
rule. In this case the Committee of Claims availed itself of the privilege 
contained in the last clause of the rule, and elected Mr. Dana chairman, 
much against his wishes. 



Dec. 20, 
1805. 



April 13, 

1789. 



70 



RULES OF THE U. S. HOUSE OP REPRESENTATIVES. 



Adopted. 

Dec. 20, 
1805. 



April 7, 
1789. 



Sept. 15, 
1837. 



April 7, 
1789 



April 7, 
1789. 



Dec. 10, 
1839. 



Nov. 13, 
1794. 



March 14 
1794. 



R. 10. It shall be the duty of a committee to meet on 
the call of any two of its members, if the chairman be 
absent, or decline to appoint such meeting. 

R. 11. In all other cases of ballot than for committees, 
a majority of the votes given shall be necessary to an 
election ; and where there shall not be such a majority 
on the first ballot, the ballots shall be repeated until a 
majority be obtained. [And in all ballotings blanks shall 
be rejected, and not taken into the count in the enumera- 
tion of votes, or reported by the tellers.] 

R. 12. In all cases of ballot* by the House, the Speaker 
shall vote ; in other cases he shall not be required to vote, 
unless the House be equally divided, or unless his vote, if 
given to the minority, will make the division equal ; and 
in case of such equal division, the question shall be lost.t 

R. 1 3. In all cases where other than members of the 
House may be eligible to an office by the election of the 
House, there shall be a previous nomination. 

R. 14. In all cases of election by the House of its offi- 
cers, the vote shall be taken viva voce. 

R. 15. All acts, addresses, and joint resolutions, shall 
be signed by the Speaker ; and all writs, warrants, and 
subpoenas, issued by order of the House, shall be under 
his hand and seal, attested by the Clerk. 

R. 16. In case of any disturbance or disorderly conduct 



* The word here used, in the original formation of the rule, was election. 
On the 14th January, 1840, it was changed to the word ballot. 

■{■On a very important question, taken December 9, 1803, on an amend- 
ment to the Constitution, so as to change the form of voting for President 
and Vice President, which required a vote of two-thirds, there appeared 83 in 
the affirmative, and 42 in the negative ; it wanted one vote in the affirmative 
to make the constitutional majority. The Speaker, (Macon,) notwithstand- 
ing this prohibition of the rule, claimed and obtained his right to vote, and 
voted in the affirmative ; and it was by that vote that the amendment to the 
Constitution was carried. The right of the Speaker, as a member of the 
House, to vote on all questions, is secured by the Constitution ; no act of tlie 
House can take it from him, when he chooses to exercise it. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



in the galleries or lobby, the Speaker (or Chairman of the 
Committee of the Whole House) shall have power to 
order the same to be cleared. 

R. 17. No person except members of the Senate, their 
Secretary, Heads of Departments, Treasurer, Comptroll- 
ers, Register, Auditors, President's Secretary, Chaplains 
to Congress, Judges of the United States, Foreign Minis- 
ters and their Secretaries, officers who, by name, have 
received, or shall hereafter receive, the thanks of Congress 
for their gallantry and good conduct displayed in the ser- 
vice of their country, the Governor for the time being of 
any State or Territory in the Union, such gentlemen as 
have been Heads of Departments or members of either 
branch of the national Legislature ; [the members of the 
legislatures, for the time being, of the States and Territo- 
ries,] and, at the discretion of the Speaker, persons who 
belong to such legislatures oi foreign governments as are 
in amity with the United States, shall be admitted within 
the Hall of the House of Representatives ;* [and no per- 



* The first rule for the admission within the Hall of other than members 
was adopted on the 7th January, 1802, and was confined to " Senators, offi- 
cers of the General and State Governments, Foreign Ministers, and such per- 
sons as members might introduce." On the Uth January, 1802, an attempt 
was made to amend so as to exclude persons "introduced by members," 
which failed. On the 8th November, 1804, a proposition was made to con- 
fine the privilege to Senators, which also failed. On the 17th December, 
1805, officers of State Governments were excluded. On 1st February, 1808, 
a proposition was made to admit ex-members of Congress and the Judges of 
the Supreme Court ; after a good deal of debate, it was rejected. On the 
11th February, 1809, the rule was enlarged so as to admit judicial officers of 
the United States, as also ex-members of Congress. On 25th February, 
1814, those who had been Heads of Departments were admitted. On the 
10th February, 1815, officers who had received the thanks of Congress were 
included. On the 12th January, 1816, the Navy Commissioners. On the 
21st February, 1816, Governors of States and Territories. March 13, 1822, 
the President's secretary. On the 26th January, 183.3, the rule was further 
enlarged by admitting " such persons as the Speaker or a member might in- 
troduce/' and on the 10th December, 1833, the House, by a vote almost 
unanimous, rescinded that amendment. 



Adopted 



Jan. 14, 
1850. 



Jan. 14. 
1«50. 



72 



RULES OP THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



January 7, 
1802; modi 
fied to pre 
sent form, 
.Dec'r 23, 
ISll. 



March 1, 

1838. 



March 1, 

1838. 



April 13 
1789; and 
act June 1, 

1789. 

March 1, 
1791. 



March 17, 

1818. 



son, not known to the Doorkeeper to be entitled to the 
privilege of the floor, shall enter the Hall, unless the 
Doorkeeper shall be informed by a member that the indi- 
vidual is entitled to admission under this rule, and in 
what capacity.] 

R. 18. Stenographers, wishing to take down the de- 
bates, may be admitted by the Speaker, who shall assign 
such places to them, on the floor or elsewhere, to eflect 
their object, as shall not interfere with the convenience of 
the House. 

R. 19. No person shall be allowed the privilege of the 
Hall, under the character of stenographer, without a writ- 
ten permission from the Speaker, specifying the part of 
the Hall assigned to him; and no reporter or stenographer 
shall be admitted under the rules of the House, unless 
such reporter or stenographer shall state, in writing, for 
what paper or papers he is employed to report. 

R. 20. The Doorkeeper shall execute strictly- the 17th 
and 18th rules, relative to the privilege of the Hall. 

R. 21. The Clerk of the House shall take an oath for 
the true and faithful discharge of the duties of his office, 
to the best of his knowledge and abilities. [He shall be 
deemed to continue in office until another be appointed.*] 

ORDER OF BUSINESS OF THE SESSION. 

R. 22. After six days from the commencement of a 
second or subsequent session of any Congress, all bills, 
resolutions,! and reports, which originated in the House, 



* There is no law, resolution, rule, or order, directing the appointment of 
the Clerk of the House. On the 1st of April, 1789, being the first day that 
a quorum of the House assembled under the new Constitution, the House 
immediately elected a Clerk by ballot, without a previous order having been 
passed for that purpose ; although, in the case of the Speaker, who was 
chosen on the same day, an order was previously adopted. A Clerk has 
been regularly chosen at the commencement of every Congress since. 

I The word " resolutions,'^ as here used, has been construed to apply to 
joint resolutions only. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



73 



and at the close of the next preceding session remained 
undetermined, shall be resumed and acted on in the same 
manner as if an adjournment had not taken place. 

ORDER OF BUSINESS OF THE DAY. 

R. 23. As soon as the Journal is read, the Speaker 
shall call for petitions from the members of each State 
and delegates from each Territory, beginning with Maine* 
[and the Territory of Wisconsin,! alternately ;] and if, on 
any day, the whole of the States and Territories shall not 
be called, the Speaker shall begin on the next day where 
he left oif the previous day ; [provided that, after the first 
thirty days of the session, petitions shall not be received, 
except on the first day of the meeting of the House in 
each week.] 

R. 24. Petitions, memorials, and other papers ad- 
dressed to the House, shall be presented by the Speaker, 
or by a member in his place -, a brief statement of the 
contents thereof shall be made verbally by the introducer ; 
they shall not be debated on the day of their being pre- 
sented ; nor on any day assigned by the House for the 
receipt of petitions after the first thirty days of the ses- 
sion, unless where the House shall direct otherwise, but 
shall lie on the table, to be taken up in the order in 
which they were presented.:!: [Members having peti- 
tions and memorials to present may hand them to the 
Clerk, endorsing the same with their names, and the refer- 



* This was adopted before the State of Maine came into the Union ; and 
the call commenced with New Hampshire. On the 13th March, 1822, it 
was altered so as to commence with Maine. 

-[-This rule was adopted before N. Mex. was constituted a Territory ; and, 
although no order has beten taken by the House, the Speaker substitutes 
N. Mex. foi Wisconsin. 

^ With the exception of the clause commencing with the words "nor on 
any day assigned," &c., this rule is in substance the same as it was originally 
established on the 7th April, 1 789. 



Adopted. 



Dec. 23, 
1811. 



Sept. 15, 
3837. 

Dec. 23, 
1811. 



March 13, 
1S22. 



Sept. 14, 
1837. 



March i 
1842. 



74 



RULES OF THE U. S. HOUSE OP REPRESENTATIVES. 



Adopted. 



Dec. 23, 
1811. 



Sept. 1.5, 
1837. 



Jan. 14, 
1829. 



Febr'y. 
1838. 



January 5. 
1832. 



ence or disposition to be made thereof; and such peti- 
tions and memorials shall be entered on the Journal, sub- 
ject to the control and direction of the Speaker ; and if 
any petition or memorial be so handed in, which, in the 
judgment of the Speaker, is excluded by the rules, the 
same shall be returned to the member from whom it was 
received.] 

R. 25, The petitions having been presented and dis- 
posed of, reports from committees shall be called for and 
disposed of; [in doing which, the Speaker shall call upon 
each standing committee, in the order they are named in 
the 76th and 105th rules; and when all the standing 
committees have been called on, then it shall be the duty 
of the Speaker to call for reports from select committees ; 
if the Speaker shall not get through the call upon the 
committees before the House passes to other business, he 
shall resume the next call where he left off.] Resolu- 
tions shall then be called for in the same order, and dis- 
posed of by the same rules, which apply to petitions : 
provided that no member shall offer more than one reso- 
lution, or one series of resolutions, all relating to the same 
subject, until all the States and Territories shall have 
been called. 

R. 26. All the States and Territories shall be called for 
resolutions on each alternate Monday during each session 
of Congress ; and, if necessary to secure this object on 
said days, all resolutions which shall give rise to debate 
shall lie over for discussion, under the rules of the House 
already established ; and the whole of said days shall be 
appropriated to resolutions, until all the States and Ter- 
ritories are called through. 

R. 27. After one hour shall have been devoted to re- 
ports from committees and resolutions, it shall be in order, 
pending the consideration or discussion thereof, to enter- 
tain a motion that the House do now proceed to dispose 
of the business on the Speaker's table, and to the orders 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



75 



of the day ; [which being decided in the affirmative, the 
Speaker shall dispose of the business on his table in the 
viz :] 



following order, 



1st. 



Messages and other Executive communications. 



2d. Messages from the Senate and amendments proposed 
by the Senate to bills of the House. 

3d. Bills and resolutions from the Senate on their first 
and second reading, that they be referred to committees 
and put under way ; but if, on being read a second 
time, no motion be made to commit, they are to be 
ordered to their third reading, unless objection be 
made ; in which case, if not otherwise ordered by a 
majority of the House, they are to be laid on the table 
in the general file of bills on the Speaker's table, to be 
taken up in their turn. 

4th. Engrossed bills and bills from the Senate on their 
third reading. 

5th. Bills of the House and from the Senate, on the 
Speaker's table, on their engrossment, or on being or- 
dered to a third reading, to be taken up and considered 
in the order of time in which they passed to a second 
reading. 
The messages, communications, and bills on his table, 

having been disposed of, the Speaker shall then proceed 

to call the orders of the day. 

R. 28. The business specified in the 26th and 27th 

rules shall be done at no other part of the day, except by 

permission of the House. 

LOCAL OR PRIVATE BUSINESS. 

R. 29. Friday and Saturday in every week shall be 
set apart for the consideration of private bills and private 
business, in preference to any other, unless otherwise de- 
termined by a majority of the House.* 



* Under the rule of 26th April, 1828, relative to a postponement or change 



Adopted. 

Sept. 14, 

U337. 



Sept. 14, 

1837. 
Sept. 14, 

1837. 



Sept. 14, 
1837. 



Sept. 14, 
lb37. 



Sept. 14, 
1837. 



Dec. 23, 
1811. 



Jan'y 22, 
1810, and 
Jan'y 26, 
1826. 



76 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted.' 

Jan'y 25, 
1839. 



April?, 
1789. 



Dec. 23, 

1811. 



April 7, 



Dec. 18, 

1847. 



R. 30. On the first and fourth Friday of each month, 
the calendar of private bills shall be called over, (the 
chairman of the Committee of the Whole House* com- 
mencing the call where he left off the previous day,) and 
the bills to the passage of which no objection shall then 
be made shall be first considered and disposed of. 

OF DECORUM AND DEBATE. 

R. 31. When any member is about to speak in debate, 
or deliver any matter to the House, he shall rise from his 
seat, and respectfully address himself to " Mr. Speaker ;" 
[and shall confine himself to the question under debate, 
and avoid personality.] 

R. 32. Members may address the House or committee 
from the Clerk's desk, or from a place near the Speaker's 
chair. 

R. 33. When two or more members happen to rise at once, 
the Speaker shall name the member who is first to speak. 

R. 34. No member shall occupy more than one hour 
in debate on any question in the House, or in Committee ; 
but a member reporting the measure under consideration 
from a committee may open and close the debate : pro- 
vided, that where debate is closed by order of the House, 
any member shall be allowed, in committee, five minutes 
to explain any amendment he may offer, after which any 
member who shall first obtain the floor shall be allowed 
to speak five minutes in opposition to it, and there shall 
be no further debate on the amendment ; but the same 
privilege of debate shall be allowed in favor of and 



of the order of business, it has been decided that it takes two-thirds to proceed 
to public business on Friday and Saturday. The reason of this decision is, 
that the rule of the 26th April, 1828, made no exception in favor of the clause, 
for a majority, contained in this rule, and that therefore that provision was an- 
nulled. There have been three appeals upon this point, but the House in all 
instances affirmed the decision in favor of two-thirds. The House sometimes 
adjourns on Thursday, and frequently on Friday, till the following Monday. 
* A Committee of the whole House considers local or private bills. A 
Committee of the whole House on the state of the Union, public bills. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



77 



against any amendment that may be offered to the amend- 
ment ; and neither the amendment nor an amendment to 
the amendment shall be withdrawn by the mover thereof, 
unless by the unanimous consent of the Committee. 

R. 35. If any member, in speaking or otherwise, trans- 
gress the rules of the House, the Speaker shall, or any 
member may call to order ; in which case, the member 
so called to order shall immediately sit down, unless per- 
mitted to explain; and the House shall,' if appealed to, 
decide on the case, but without debate :* if there be no 
appeal, the decision of the Chair shall be submitted to. 
If the decision be in favor of the member called to order, 
he shall be at liberty to proceed ; if otherwise, he shall not 
he permitted to proceed, in case any member object, without 
leave of the House ;t and, if the case require it, he shall be 
liable to the censure of the House. 

R. 36. If a member be called to order for words spoken 
in debate, the person calling him to order shall repeat the 
words excepted to, and they shall be taken down in 
writing at the Clerk's table ; and no member shall be 
held to answer, or be subject to the censure of the House, 
for words spoken in debate, if any other member has 
spoken, or other business has intervened, after the words 
spoken, and before exception to them shall have been 
taken. 

R. 37. No member shall speak more than once to the 
same question, without leave of the House,! [unless he 
be the mover, proposer, or introducer of the matter pend- 
ing ; in which case, he shall be permitted to speak in 



* See rule 2, with note appended to it. 

I That part of this rule which is printed in italic was adopted on the 13th 
March, 1822, with the exception of the words "in case any member object," 
which were inserted on the 14th September, 1837. 

^ This rule, as originally adopted on the 7th April, 1789, permitted a mem- 
ber to speak twice, and ended with the word House. It remained unchanged 
until the 14th January, 1840, when it was estabUshed as it now stands. 



Adopted. 



April 7, 
1789; and 
March 13, 
1822. 



Sept. 14, 
1837. 



April 7, 
1789. 

Jan. 14, 
1840. 



78 

Adopted. 



April 7, 
1789. 



April 7, 
1789. 



Sept. 14, 
1837. 



April 7, 
1789. 



Sept. 14, 
1837. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



reply, but not until every member choosing to speak shall 
have spoken.] 

R. 38. If a question depending be lost by adjournment 
of the House, and revived on the succeeding day, no 
member who shall have spoken on the preceding day, 
shall be permitted again to speak without leave.* 

R. 39. While the Speaker is putting any question, or 
addressing the House, none shall walk out of or across 
the House ; nor, in such case, or when a member is 
speaking, shall entertain private discourse ; nor while a 
member is speaking shall pass between him and the chair. 
[Every member shall remain uncovered during the ses- 
sion of the House. No member or other person shall 
visit or remain by the Clerk's table while the ayes and 
noes are calling, or ballots are counting.] 

R. 40. No member shall vote on any question in the 
event of which he is immediately and particularly inte- 
rested,t or in any case where he was not within the bar 
of the House when the question was put. J [And when 
any member shall ask leave to vote, the Speaker shall 
propound to him the question — " Were you within the bar 
when your name was called?'^'] 



* There is no proceeding in the House to which this rule can be applied. 
It was originally framed in reference to that law of Parliament which says 
that all pending questions are lost by adjournment, and to be again considered 
must be moved anew. In the rules as revised and established on the 7th 
January, 1802, the prohibition to speak on the next day was confined to 
those who had spoken twice on the preceding day. It so remained until the 
14lh January, 1840, when the word twice was left out. 

■j- Of late, differences of opinion have occasionally arisen as to the kind of 
interest alluded to in this rule. It has been contended to apply to members 
who were merchants or manufacturers, or engaged in other business to be 
affected by tariffs or other bills touching rates of duties, &c. This construc- 
tion has never been sustained by the House. The original construction, and 
the only true one, is direct personal or pecuniar^/ interest. 

t As originally adopted, the word present was used in this rule where the 
words " within the bar of the House" now appear. The alteration was made 
on the 14th September, 1837. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



79 



R. 41. Upon a division and count of the House on any 
question, no member without the bar shall be counted. 

R. 42. Every member who shall be in the House when 
the question is put shall give his vote, unless the House, 
for special reason, shall excuse him.* [All motions to 
excuse a member from voting shall be made before the 
House divides, or before the call of the yeas and nays is 
commenced ; and the question shall then be taken with- 
out further debate.t] 

R. 43. When a motion is made and seconded, it shall 
be stated by the Speaker ; or, being in writing, it shall be 
handed to the Chair, and read aloud by the Clerk, before 
debated. 

R. 44. Every motion shall be reduced to writing, if the 
Speaker or any member desire it. [Every written motion 
made to the House shall be inserted on the Journals, 
with the name of the member making it, unless it be 
withdrawn on the same day on which it was submitted.] 

R. 45. After a motion is stated by the Speaker, or 
read by the Clerk, it shall be deemed to be in the pos- 
session of the House, but may be withdrawn at any time 
before a decision or amendment. 

R. 46. When a question is under debate, no motion 
shall be received but to adjourn, to lie on the table, for 
the previous question, to postpone to a day certain, to 
commit or amend,J to postpone indefinitely ; which seve- 
ral motions shall have precedence in the order in which 
they are arranged ;§ and no motion to postpone to a 



* By rule 41, the date of which is subsequent in date to this, a mem- 
ber who may be " in the House" is not allowed to vote unless he be « within 
the bar,^^ upon a division or count of the House. 

j- That part of rule 42 which allowed a brief verbal statement of reasons to 
be given by any member for requesting to be excused from voting, rescinded 
January 2, 1845.— Journal H. R., 115. 

tSoeRule 119. 

§This rule, as originally established, April 7, 1789, read thus; "When a 



j Adopted. 

Nov. 13, 

1794. 



April 7, 
1789. 



Sept. 14, 
1837. 



April 7 
1789. 



April 7 

1789. 

March 26, 

1606. 



April 7, 
1789. 



March 13, 
1822. 



80 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



March 13, 

1822. 



April 7, 
1789, and 
Jan'y 14, 
1840. 

Nov. 13, 
1794; Mar. 
13, 1822. 



day certain, to commit, or to postpone indefinitely, being 
decided, shall be again allowed on the same day, and at 
the same stage of the bill or proposition. 

R. 47. When a resolution shall be offered, or a motion 
made, to refer any subject, and different committees shall 
be proposed, the question shall be taken in the following 
order : 

The Committee of the Whole House on the state of the 
Union ; the Committee of the Whole House ; a Standing 
Committee ; a Select Committee. 

R. 48. A motion to adjourn, and a motion to fix the 
day to which the House shall adjourn, shall be always in 
order ;* [these motions, and the motion to lie on the 
table, shall be decided without debate.!] 



question is under debate, no motion shall be received unless to amend it, to 
commit it, for the previous question, or to adjourn." On the 13th Novem- 
ber, 1794, the motion to postpone to a day certain was introduced next after 
the previous question. On the 17th December, 1805, the rule- was changed 
as follows : 1st, the previous question ; 2d, to postpone indefinitely ; 3d, to 
postpone to a day certain; 4th, to lie; 5th, to commit; 6th, to amend; 7th. 
to adjourn. On the 23d December, 1811, the order was changed as follows : 
1st, to adjourn; 2d, to lie; 3d, the previous question; 4th, to postpone inde- 
finitely; 5th, to postpone to a day certain; 6th, to commit; 7th, to amend. 
On the 13th March, 1822, they were classed as above, and were declared, 
for the first time, to have precedence according to their arrangement ; previ- 
ous to which, the notions of the Speaker often governed as to the precedence 
of these motions ; and hence the direction of the rule. 

* It has been decided and acted upon, that, under this rule, "a motion to 
fix the day to which the House shall adjourn" takes precedence of a motion 
to adjourn. The reason of this decision is, th'^t '^before the House adjourned, 
it was proper to fix the time to which it sho^:iid' adjourn. To this decision, 
and upon this reasoning, no objection has been made. 

f In the first rules estabhshed by the House on the 7th April, 1789, it was 
directed that " when the House adjourn? the members shall keep their seats 
until the Speaker go forth, and then t members shall follow." This rule 
was left out of the rules established 13th November, 1794. On the 13th 
March, 1822, a rule was adopted prohibiting a motion to adjourn before four 
o'clock, if there was a pending question; it was rescinded on the 13th 
March, 1824. On the 13th March, 1822, a rule was also adopted against 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



81 



R. 49. The hour at which every motion to adjourn is 
made shall be entered on the Journal. 

R. 50. The previous question shall be in this form : 
" Shall the main question be now put ?" [It shall only 
be adm^itted when demanded by a majority of the mem- 
bers present ;] and its effects shall be to put an end to all 
debate, and bring the House to a direct vote upon a mo- 
tion to commit, if such motion shall have been made, and 
if this motion does not prevail, then upon amendments 
reported by a committee, if any, then [upon pending 
amendments, and then upon the main question.] On a 
motion for the previous question,* and prior to the se- 
conding of the same, a call of the House shall be in 
I order ; but after a majority shall have seconded such 



the rising of the Committee of the Whole before 4 o'clock, which was abro- 
gated on the 25th March, 1824. 

* The previous question was recognised in the rules established April 7, 
1789, and could be demanded by five members, (the parliamentary law places 
it in the power of two members — one to move, the other to second.) On 
the 23d December, 1811, it was placed on a footing with the yeas and nays 
— that is, at the command of one-fifth of the members present. It remained 
so until the 24th February, 1812, when the rule was changed to its present 
form of a majority. According to former practice, the previous question 
brought the House to a direct vote on the main question — that is, to agree 
to the main proposition, to the exclusion of all amendments and incidental 
motions ; but on the 14th January, 1840, it was changed to its present form 
— first to embrace pending amendments, and then the main proposition. ! 

The original intent of the previous question was, to ascertain the sense of j 
the House, in the early stf>"-es of a subject, as to the propriety of entertaining 
the matter; and, if decideu ffirmatively, the debate went on; if decided 
negatively, the debate ceased, and the subject passed from before the House 
without motion or further question. This was the practice in Congress 
under the Confederation ; and it is still the practice in the British Parlia- 
ment. Now, by the practice of t" '■ House, as well as by the terms of the 
rule, it is reversed ; if the motion for he previous question be decided in the 
affirmative, debate ceases, and the House proceeds to vote ; if in the negative, 
the proceedings go on as if the motion for the previous question had not 
been made. 



Adopted. 



October 9, 
1837. 



April 7, 

Febr'y. 24, 
1812. 



Aug-ust 5, 
1848. 



Jan. 14, 
1840. 

Sept. 14, 
1837. 



82 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



Dec. 17, 
1805. 

Sept. 15, 
1837, 



Doc. 17, 
1805. 



Sept. 15, 
1837. 



Dec 23, 

1811. 
March 13, 



April 7, 
1789. 



March 13, 

1822. 



Sept. 15, 
1837. 



motion, no call shall be in order prior to a decision of the 
main question.* 

R. 51. On a previous question there shall be no de- 
bate. t [All incidental questions of order arising after a 
motion is made for the previous question, and pending 
such motion, shall be decided, whether on appeal or 
otherwise, without debate.] 

R. 52. When a question is postponed indefinitely, the 
same shall not be acted upon again during the session. 

R. 53. Any member may call for the division of a 
question, which shall be divided if it comprehend propo- 
sitions in substance so distinct, that one being taken 
away, a substantive proposition shall remain for the de- 
cision of the House. [A motion to strike out and insert 
shall be deemed indivisible ;] but a motion to strike out 
being lost, shall preclude neither amendment nor a mo- 
tion to strike out and insert. 

R. 54. Motions and reports may be committed at the 
pleasure of the House. 

R. 55. No motion or proposition on a subject diiferent 
from that under consideration shall be admitted under 
color of amendment. J [No bill or resolution shall, at any 
time, be amended by annexing thereto, or incorporating 



* See rules 63 and 64, for mode of proceeding in a call of the House. 

j-The rules as established 7th April, 1789, allowed each member to speak 
once on the previous question — that is. Shall the main question be now put '! 
and so remained until 17th December, 1805, when debate was prohibited ; 
yet, on the 15th December, 1807, after the previous question had been or- 
dered, the House, on an appeal from the Speaker, reversed his decision, and 
decided that the main question was open to further debate, 103 to 14 — no 
party vote. This decision was reaffirmed by the House, December 2, 1808 
— yeas 101, nays 18. 

^ This rule was originally established on the 7th April, 1789, and was in 
these words : "No new motion or proposition shall be admitted, under color 
of amendment, as a substitute for the motion or proposition under debate." 
On the 13th March, 1822, it was changed to its present form, in which the 
words « new" and " substitute" do not appear. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



83 



therewith, any other bill or resolution pending before the 
House.*] 

R. 56. When a motion has been once made, and car- 
ried in the affirmative or negative, it shall be in order for 
any member of the majority to move for the reconsidera- 
tion thereof, [on the same or the succeeding day] : and 
such motion shall take precedence of all other questions, 
except a motion to adjourn,t [and shall not be withdrawn 
after the said succeeding day, without the consent of the 



* The latter clause of this rule was adopted at the 1st session of the 25th 
Congress ; and, as originally reported by the committee, the following words 
were contained at the end of it : " nor by any proposition containing the 
SUBSTANCE, m wholc or in part, of any other bill or resolution pending be- 
fore the House." These words were stricken out by the House before it 
would agree to the rule ; by which it would seem to be decided that a bill or 
resolution might be amended by incorporating therein the suBSTAifCE of any 
other bill or resolution before the House. Such has been the general practice 
of the House. 

j- A difference of opinion, and a discrepancy in action, have sometimes oc- 
curred in administering this rule. Twenty years ago, and previously, a 
motion to reconsider could not be made after the subject was disposed of, if 
there was another subject before the House, until that subject had passed 
away ; it was then often too late to make the motion. It was under this 
practice that Mr. Randolph was unable to move a reconsideration of the set- 
tlement of the celebrated Missouri question, (notice of which he gave out of 
time,) as before he could do so the bill had been taken to the Senate. The 
practice, of late years, has been changed, so as to allow the motion to recon- 
sider to be made at any moment within the prescribed time. If the motion 
be made when a different subject is before the House, it is entered, and 
remains until that subject is disposed of, and then " takes precedence of all 
other business, except a motion to adjourn." When any final vote has been 
taken, and a motion made to reconsider, that motion may be laid on the 
table ; in which case, according to the practice of several years past, the vote 
stands as though the motion to reconsider had not been made. This is cor- 
rect, as, if the House wished to retain the matter, it would agree to the mo- 
tion to reconsider, instead of laying it on the table. Motions to reconsider 
should be promptly acted on, otherwise it is in the power of a single member 
(voting on the strong side, against his sentiments, solely for the purpose of 
placing himself in a situation to make the motion) to arrest business, which 
a majority have determined to despatch. 



January 7, 
1802. 



Dec. 23, 
]811. 
May 6, 

1828. 

March 2. 

1848. 



Adopted. 



84 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



Nov. 13, 
1794. 



Nov. 13, 
1794. 



April 7, 
1789. 



March 22, 
1806. 



Dec. 13, 

1820. 



Jan'y 22, 
1822. 



House, and thereafter any member may call it up for 
consideration.] 

R. 57. When the reading of a paper is called for, and 
the same is objected to by any member, it shall be deter- 
mined by a vote of the House.* 

R. 58. 'The unfinished business in which the House 
was engaged at the last preceding adjournment shall 
have the preference in the orders of the day ; and no mo- 
tion on any other business shall be received, without 
special leave of the House, until the former is disposed of. 

R. 59. Every order, resolution, or vote, to which the 
concurrence of the Senate shall be necessary, shall be 
read to the House, and laid on the table, on a day pre- 
ceding that in which the same shall be moved, unless the 
House shall otherwise expressly allow. 

R. 60. The name of the member who presents a peti- 
tion or memorial, or who offers a resolution to the con- 
sideration of the House, shall be inserted on the Journals. 

R. 61. A proposition requesting information from the 
President of the United States, or directing it to be fur- 
nished by the head of either of the Executive Depart- 
ments, or by the Postmaster General, or to print an extra 
number of any document or other matter, excepting mes- 
sages of the President to both Houses at the commence- 
ment of each session of Congress, and the reports and 
documents connected with or referred to in it, shall lie 
on the table one day for consideration, unless otherwise 
ordered by the unanimous consent of the House ; [and 
all such propositions shall be taken up for consideration 
in the order they were presented, immediately after re- 
ports are called for from select committees ; and, when 
adopted, the Clerk shall cause the same to be delivered.] 



* As originally adopted, this rule contained, after the word " for," the 
words " which had before been read to the House." They were stricken out 
on the 14th December, 1795. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



85 



R. 62. Upon calls of the House, or in taking the yeas 
and nays on any question, the names of the members 
shall be called alphabetically. 

R. 63. Upon the call of the House, the names of the 
members shall be called over by the Clerk, and the ab- 
sentees noted ; after which, the names of the absentees 
shall again be called over : the doors shall then be shut, 
and those for whom no excuse or insufficient excuses are 
made may, by order of those present, if fifteen in number, 
be taken into custody as they appear, or may be sent for 
and taken into custody, wherever to be found, by special 
messengers to be appointed for that purpose.* 

R. 64. When a member shall be discharged froni cus- 
tody, and admitted to his seat, the House shall determine 
whether such discharge shall be with or without paying 
fees ; and, in like manner, whether a delinquent member, 
taken into custody by a special messenger, shall or shall 
not be liable to defray the expense of such special mes- 
senger. 

R. 65. Any fifteen members (including the Speaker, if 
there be one) shall be authorized to compel the attend- 
ance of absent members. 

R. 66. No member shall absent himself from the ser- 
vice of the House, unless he have leave, or be sick, or 
unable to attend. 

R. 67. A Sergeant-at-arms shall be appointed, to hold 
his office during the pleasure of the House, whose duty 



* The rule as originally established in relation to a call of the House, 
which was on the 13th of November, 1789, differed from the present rule in 
this ; there was one day's notice to be given, and it required a vote of the 
House, and not ^f teen members, to order a member into custody. It was 
changed to its present form on the 14th December, 1795. On the 7th Jan- 
uary, 1802, it was changed back to its original form, to require "an order of 
the House" to take absent members into custody, and so remained until the 
23d December, 1811, when it was again changed to what it now is — i. e. 
fifteen members. 



Adopted. 

April 7, 
1789. 



Nov'r 13, 
1789, and 
Doc. 14, 

1795. 



Nov'r 13, 
1794. 



April 7, 
1789. 



April 13, 
1789. 



April 14, 
1789. 



86 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted 



April 14, 
1789. 



April 14, 
1789. 



April 4, 
1838. 



it shall be to attend the House during its sittings ;* to 
execute the commands of the House from time to time ; 
together with all such process, issued by authority thereof, 
as shall be directed to him by the Speaker. 

R. 68. The symbol of his office (the mace) shall be 
borne by the Sergeant-at-arms when in the execution of 
his office.! 

R. 69. The fees of the Sergeant-at-arms shall be, for 
every arrest, the sum of two dollars ; for each day's cus- 
tody and releasement, one dollar ; and for travelling ex- 
penses for himself or a special messenger, going and 
returning, one-tenth of a dollar per mile. 

R. 70. It shall be the duty of the Sergeant-at-arms to 
keep the accounts for pay and mileage of members, to 
prepare checks, and, if required to do so, to draw the 
money on such checks for the members, (the same being 
previously signed by the Speaker, and endorsed by the 



* In the rules established November 13, 1794, the Sergeant was empow- 
ered to appoint a " special messenger" to execute the commands of the House. 
This authority was stricken from the rules estabUshed on the 14th Decem- 
ber, 1795. 

j- At the time this rule was adopted, " a proper symbol of office" for the 
Sergeant-at-arms was directed to be provided, " of such form and device as 
the Speaker should direct." 

In pursuance of this order, a mace or " symbol" was procured, which 
represented the Roman fasces, made of ebony sticks, bound transversely with 
a thin silver band, terminating in a double tie or beau-knot near the top ; at 
each end a silver band an inch deep, and on the top of each of the rods a 
small silver spear. A stem of silver | of an inch in diameter, and 2 inches 
long, from the centre of the fasces, supported a globe of silver, about 2^ 
inches in diameter, upon which was an eagle, his claws grasping the globe, 
and just in the act of flight, his wings somewhat more than half extended. 
The eagle was massive silver, richly carved. The design was fine, and its 
whole execution beautiful; the entire height about three feet. The mace 
was destroyed at the conflagration of the Capitol on the 24th August, 1814, 
and was not replaced until recently. A temporary one was hastily gotten 
up (of common pine, and painted) for the then next session of Congress, and 
was tolerated till the session of 1841-'42, when the splendid one now in use 
was procured. 



KULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



87 



member,) and pay over the same to the member entitled 
thereto. 

R. 71. The Sergeant-at-arms shall give bond, with 
surety, to the United States, in a sum not less than five 
nor more than ten thousand dollars, at the discretion of 
the Speaker, and with such surety as the Speaker may 
approve, faithfully to account for the money coming into 
his hands for the pay of members. 

R. 72. The Sergeant-at-arms shall be sworn to keep 
the secrets of the House. 

R. 73. A Doorkeeper shall be appointed for the service 
of the House.* 

R. 74. The Doorkeeper shall be sworn to keep the 
secrets of the House. 

R. 75. The Postmaster, to superintend the Post Office 
kept in the Capitol for the accommodation of the mem- 
bers shall be appointed by the House. t 

R. 76. Twenty-eight standing committees shall be ap- 
pointed at the commencement of each session, viz : 

A Committee of Elections. ")'^° consist of 

A Committee of Ways and Means. C nine mem- 

A Committee of Claims^ J berseach. 



* The rule of 1789 provided for the appointment of an assistant doorkeeper, 
and so continued until Colonel John W. Hunter, the incumbent, died, in 
December, 1841, and the House, on the 13th of that month, abolished the 
office. 

■j- Immediately after the organization of the Government under the present 
Constitution, a room was set apart in the Capitol for the reception and dis- 
tribution of letters and packets to and from members of the House, without 
an order for that purpose, and was called the Post Office. It was superin- 
tended by the Doorkeeper and his assistants. On the 9th of April, 1814, a 
special allowance was made to the Doorkeeper to meet the expenses of this 
office, and he was authorized to appoint a Postmaster. The office continued 
on this footing till April 4, 1838, when an order was passed, as above, for 
the appointment of the Postmaster by the House itself. 

\ Originally, the Committee of Claims was charged with revolutionary and 
land claims, and all sorts of pensions. On the 22d December, 1813, the 
duties of that committee were divided, and a committee was appointed, called. 



Adopted 



April 4, 
1838. 



Dec. 23, 
1811. 



April 2, 
1789. 



Dec. 23, 
1811. 



April 1, 



Nov. ]3, 

1789. 

January 7 

1802. 

Nov. 13, 

1794. 



88 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. I 
Dec. 14, 

1795. 

Dec. 17, 

1805. 

Nov.9,1808 

Jan'y 27, 

1808. 

June 3. 

1813. 

De. 22,1813 

Febr'y 26. 

1814. 

April 29, 

1816. 

Dec.8,1819. 

May 3,1820 

Dec. 17 

1821. 



A Committee on Commerce.* 

A Committee on the Public Lands.-j- 

A Committee on the Post Office and Post Roads4 

A Committee for the District of Columbia. 

A Committee on the Judiciary. 

A Committee on Revolutionary C]aims.§ 

A Committee on Public Expenditures. 

A Committee on Private Land Claims.fl 

A Committee on Manufactures.^ 

A Committee on Agriculture."! 

A Committee on Indian AfTairs.t 



To consist of 
V nine mem- 
bers each. 



the Committee on Pensions and Revolutionary Claims, On the 9th of De- 
cember, 1825, a separate committee on Revolutionary Pensions was created, 
leaving the business of Invalid Pensions to the committee created on the 22d 
December, 1813. On the 13th December, 1825, four days after its institu- 
tion, the designation of the Committee on Revolutionary Pensions was 
changed to the Committee on Military Pensions, and it was charged with 
both Revolutionary and Invalid Pensions. On the 10th January, 1831, the 
Committee on Military Pensions became the present Committee on Revolu- 
tionary Pensions, and an additional committee was created, called the Com- 
mittee on Invalid Pensions ,• and the pension business was apportioned to 
the two committees, as set out in the duties assigned to the committees. 

* This committee was originally a Committee on Commerce and Manu- 
factures. On the 8th December, 1819, a Committee on Manufactures was 
constituted, but no duties have been assigned to that committee in the rules. 

•j- The 3d of January, 1805, was the first time at which it was proposed to 
appoint a Committee on Public Lands. The proposition was then made by 
Mr. John Boyle, of Kentucky, and was rejected. On the 17th December, 
1805, the committee was constituted for the first time. Previous to that day 
the business relating to the lands of the United States v/as sent either to the 
Committee of Claims or to a select committee, and frequently, in parts, to both. 

■\. From the earliest stages of the Government, a select committee was an- 
nually raised upon the subject of " the Post Office and Post Roads," and was 
always composed of a member from each State. A standing committee was 
instituted on the 9th November, 1808, and, Hke the select committees, was 
directed to be composed of a member from each State. On the 23d Decem- 
ber, 1811, it was directed to be composed of the same number of members as 
the other standing committees. 

§ See note (+) page 87. 

II When the Committee on Private Land Claims was first constituted, it 
was composed of five members, two less than the other committees. On the 
19th December, 1817, it was directed to be composed of seven members. 

t There are no duties assigned to the Committees on Manufactures, Agri- 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



89 



To consist of 
s. nine mem- 
bers each. 



To consist of 
five mem- 
bers each. 



A Committee on Mihtary Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Foreign Affairs. 

A Committee on the Territories. 

A Committee on Revolutionary Pensions.* 

A Committee on Invalid Pensions. 

A Committee on Roads and Canals. 

A Committee on Patents. 

A Committee on Public Buildings and Grounds. 

A Committee of Revisal and Unfinished Business. ' 

A Committee ofAccounts.f 

A Committee on Mileage. 

A Committee on Engraving, to consist of three memhers. 

R. 77. It shall be the duty of the Committee of Elec- 
tions to examine and report upon the certificates of elec- 
tion, or other credentials, of the members returned to 
serve in this House ; and to take into their consideration 
all such petitions and other matters touching elections 
and returns as shall or may be presented or come into 
question, and be referred to them by the House. 

R. 78. It shall be the duty of the Committee of Ways 
and Means to take into consideration all such reports of 
the Treasury Department, and all such propositions rela- 
tive to the revenue, as may be referred to them by the 
House ; to inquire into the state of the public debt or the 
revenue, and of the expenditure : and to report, from 
time to time, their opinion thereon ; [to examine into the 
state of the several public departments, and particularly 
into the laws making appropriations of moneys, and to 
report whether the moneys have been disbursed conform- 
ably with such laws ; and also to report, from time to 



culture, and Indian Affairs, in the rules, but these committees consider what- 
ever is referred to them in their respective spheres by the House. 

* See note (t) page 87. 

■f The Committee of Accounts was first constituted as a select committee 
on the 7th November, 1804; it was made a standing committee December 
17, 1805. 



Adopted. 
March 13, 

1822. 
Do. 10,1835 
March 13, 

lo22. 
March 13, 

1822. 

De. 13,1825 
Dec. 9,1825 

Jan'y 10, 

1831. 

De.l5, 1831 

Sept. 15, 

1837. 
Sept. 15, 
1837. 
De.l4, 1795 
Nov'r 7, 
lb04. 
Sept. IS, 

1837. 
March 16, 

1844. 
Nov'r 13. 
1789 ; Nov. 
13, 1794. 



Jan'y 7, 
1802. 



90 

Adopted. 



Jan. 30, 
1819. 



PtULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Sept. 14, 
1837. 



Sept. 14, 
1837. 



Sept. 14, 

1837. 



March 13, 
1838. 



time, such provisions and arrangements as may be neces- 
sary to add to the economy of the departments, and the 
accountabiUty of their officers.]* 

In preparing bills of appropriations for other objects, 
the Committee of Ways and Means shall not include ap- 
propriations for carrying into effect treaties made by the 
United States ; and where 8.n appropriation bill shall be 
referred to them, for their consideration, which contains 
appropriations for carrying a treaty into effect, and for 
other objects, they shall propose such amendments as 
shall prevent appropriations for carrying a treaty into 
effect being included in the same bill with appropriations 
for other objects. 

R. 79. It shall also be the duty of the Committee of 
Ways and Means, within thirty days after their appoint- 
ment, at every session of Congress commencing on the 
first Monday of December, to report the general appro- 
priation bills — for the civil and diplomatic expenses of 
Government ; for the army ; for the navy ; and for the 
Indian department and Indian annuities — or, in failure 
thereof, the reasons of such failure. 

R. 80. General appropriation bills shall be in order in 
preference to any other bills of a public nature, unless 
otherwise ordered by a majority of the House. 

R. 81. No appropriation shall be reported in such gene- 
ral appropriation bills, or be in order as an amendment 
thereto, for any expenditure not previously authorized 
by law, [unless in continuation of appropriations for such 



* That portian of the duty of the Committee of Ways and Means which is 
printed within brackets was originally adopted on the 7th January, 1802. 
On 26th February, 1814, the Committee on Public Expenditures was cre- 
ated, and added to the list of standing committees ; the duties of this latter 
committee are exactly those contained in that portion of the duties of the 
Committee of Ways and Means which is referred to in this note as within 
brackets. — See rule 89. The words ought to be stricken from the specifica- 
tion of the duties of the Committee of Ways and Means. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



91 



public works and objects as are already in progress, and 
for the contingencies for carrying on the several depart- 
ments of the Government. 

R. 82. It shall be the duty of the Committee of Claims 
to take into consideration all such petitions and matters 
or things touching claims and demands on the United 
States as shall be presented, or shall or may come in 
question, and be referred to them by the House ; and to 
report their opinion thereupon, together ^vith such propo- 
sitions for relief therein as to them shall seem expedient. 

R. 83. It shall be the duty of the Committee on Com- 
merce to take into consideration all such petitions and 
matters or things touching the commerce of the United 
States as shall be presented, or shall or may come into 
question, and be referred to them by the House ; and to 
report, from time to time, their opinion thereon.* 

R. 84. It shall be the duty of the Committee on the 
Public Lands to take into consideration all such petitions 
and matters or things respecting the lands of the United 
States as shall be presented, or shall or may come in 
question, and be referred to them by the House ; and to 
report their opinion thereon, together with such proposi- 
tions for relief therein as to them shall seem expedient. 

R. 85. It shall be the duty of the Committee on the 
Post Office and Post Roads to take into consideration all 
such petitions and matters or things touching the post 
office and post roads as shall be presented, or may come 
in question, and be referred to them by the House ; and 
to report their opinion thereupon, together with such pro- 



* This committee was originally a Committee on Commerce and Manu- 
factures. On the 8th December, 1819, a separate Committee on Manufac- 
tures was constituted, and the duties of the original Committee on Commerce 
and Manufactures have been conformed as above, by leaving out the words 
and Manufactures. There are no duties assigned in these rules to the Com- 
mittee on Manufactures. To this committee is appropriately referred all 
matters pertaining to manufacturing. 



Adopted. 



Nov. 13, 
1794. 



Dec. 14, 
1795. 



Dec. 17, 
1805. 



Nov. 9, 
1808. 



92 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



Jan. 27, 



June 3, 
1813. 



Dec. 22, 
1813. 



Febr'y 26 
1814. 



positions relative thereto as to them shall seem expe- 
dient. 

R. 86. It shall be the duty of the Committee for the 
District of Columbia to take into consideration all such 
petitions and matters or things touching the said district 
as shall be presented, or shall come in question, and be 
referred to them by the House ; and to report their 
opinion thereon, together with such propositions relative 
thereto as to them shall seem expedient. 

R. 87. It shall be the duty of the Committe on the Ju- 
diciary to take into consideration such petitions and mat- 
ters or things touching judicial proceedings as shall be 
presented, or may come in question, and be referred to 
them by the House; and to report their opinion there- 
upon, together with such propositions relative thereto as 
to them shall seem expedient. 

R. 88. It shall be the duty of the Committee on Revo- 
lutionary Claims to take into consideration all such peti- 
tions and matters or things touching claims and demands 
originating in the revolutionary war, or arising therefrom, 
as shall be presented, or shall or may come in question, 
and be referred to them by the House ; and to report 
their opinion thereupon, together with such propositions 
for relief therein as to them shall seem expedient. 

R. 89. It shall be the duty of the Committee on Pubhc 
Expenditures to examine into the state of the several 
pubUc departments, and particularly into laws making 
appropriations of money, and to report whether the mo- 
neys have been disbursed conformably with such laws ; 
and also to report, from time to time, such provisions and 
arrangements as may be necessary to add to the economy 
of the departments, and the accountability of their 
officers.* 

* See note to rule 78. And further: on the I30th March, 1816, six Com- 
mittees on Expenditures in the several departments of the Government were 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



93 



R. 90. It shall be the duty of the Committee on Private 
Land Claims to take into consideration all claims to land 
which may be referred to them, or shall or may come in 
question ; and to report their opinion thereupon, together 
with such propositions for relief therein as to them shall 
seem expedient. 

R. 91. It shall be the duty of the Committee on Mili- 
tary Affairs to take into consideration all subjects relating 
to the miUtary establishment and public defence which 
may be referred to them by the House, and to report 
their opinion thereupon ; and also to report, from time to 
time, such measures as may contribute to economy and 
accountability in the said estabhshment. 

R. 92. It shall be the duty of the Committee on the 
Militia to take into consideration and report on all sub- 
jects connected with the organizing, arming and discip- 
lining the militia of the United States. 

R. 93. It shall be the duty of the Committee on Naval 
Affairs to take into consideration all matters which con- 
cern the naval establishment, and which shall be referred 
to them by the House, and to report their opinion there- 
upon ; and also to report, from time to time, such mea- 
sures as may contribute to economy and accountability 
in the said establishment. 

R. 94. It shall be the duty of the Committee on Foreign 
Affairs to take into consideration all matters which con- 
cern the relations of the United States with foreign na- 
tions, and which shall be referred to them by the House, 
and to report their opinion on the same. 

R. 95. It shall be the duty of the Committee on the 
Territories to examine into the legislative, civil, and 
criminal proceedings of the Territories, and to devise and 
report to the House such means as, in their opinion, may 



created, and added to the list of standing committees. The duties assigned 
to these several committees would seem entirely to cover the duties of the 
Committee on Public Expenditures. — See rules 105 and 106. 



Adopted. 

April 29, 
1816. 



March 13, 
1822. 



Dec. 10, 
1835. 



March 13, 

1822. 



March 13 
1822. 



Dec. 13, 
1825. 



94 



RULES OF THE U. S. HOUSE OP REPRESENTATIVES. 



Adopted 



Jan. 10, 
1831. 



Jan'y 10, 
1831. 



Dec. 15, 
1831. 



Sept. 15, 
1837. 



Sept. 15, 
1837. 



Dec. 14, 
1795. 



be necessary to secure the rights and privileges of resi- 
dents and non-residents. 

R. 96. It shall be the duty of the Committee on Revo- 
lutionary Pensions to take into consideration all such 
matters respecting pensions for services in the revolu- 
tionary war, other than invalid pensions, as shall be 
referred to them by the House. 

R. 97. It shall be the duty of the Committee on Invalid 
Pensions to take into consideration all such matters re- 
specting invalid pensions as shall be referred to them by 
the House. 

R. 98. It shall be the duty of the Committee on Roads 
and Canals to take into consideration all such petitions 
and matters or things relating to roads and canals, and 
the improvement of the navigation of rivers, as shall be 
presented, or may come in question, and be referred to 
them by the House ; and to report thereupon, together 
with such propositions relative thereto, as to them shall 
seem expedient. 

R. 99. It shall be the duty of the Committee on Pa- 
tents to consider all subjects relating to patents which 
maybe referred to them; and report their opinion thereon, 
together with such propositions relative thereto as may 
seem to them expedient. 

R. 100. It shall be the duty of the Committee on Pub- 
lic Buildings and Grounds to consider all subjects relating 
to the public edifices and grounds within the city of 
Washington which may be referred to them ; and report 
their opinion thereon, together with such propositions 
relating thereto as may seem to them expedient. 

R. 101. It shall be the duty of the Committee of Re- 
visal and Unfinished Business to examine and report 
what laws have expired, or are near expiring, and require 
to be revived or further continued ; also, to examine and 
report, from the Journal of last session, all such matters 
as were then depending and undetermined. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



95 



R. 102. It shall be the duty of the Committee of Ac- 
counts to superintend and control the expenditures of the 
contingent fund of the House of Representatives ; [also, 
to audit and settle all accounts which may be charged 
thereon ; and, also, to audit the accounts of the members 
for their travel to and from the seat of Government, and 
their attendance in the House.*] 

R. 103. It shall be the duty of the Committee on Mile- 
age to ascertain and report the distance to the Sergeant- 
at-arms for which each member shall receive pay.t 

R. 104. There shall be appointed a standing committee 
of this House, to consist of three members, to be called 
the Committee on Engraving,J to whom shall be referred 
by the Clerk all drawings, maps, charts, or other papers, 
which may at any time come before the House for en- 
graving, lithographing, or publishing in any way ; which 
committee shall report to the House whether the same 
ought, in their opinion, to be published ; and if the House 
order the publication of the same, that said committee 
shall direct the size and manner of execution of all such 
maps, charts, drawings, or other papers, and contract by 
agreement, in writing, for all such engraving, lithograph- 
ing, printing, drawing, and coloring, as may be ordered 
by the House ; which agreement, in writing, shall be fur- 
nished by said committee to the Committee of Accounts, 



* So much of this rule as directs the Committee of Accounts to audit and 
settle the mileage and daily pay of the members was adopted at the 1st ses- 
sion 12th Congress, (1811). At the 1st session of the 25th Congress, (1837,) 
a Standing Committee on Mileage was created, for the especial purpose of 
ascertaining and reporting the mileage for which each member shall receive 
pay. — See rule 103. 

-j- See rule and note to rule 102. 

rj: The resolution of Congress « regulating the printing of Congress, and 
establishing the compensation for the same," approved July 23, 1846, pro- 
vides that " When any order for printing requires maps or charts, the same 
shall be obtained under the direction of the Committee on Contingent Ex- 
penses of the House making such order." 



Adopted. 

Dec. 17, 
1805. 



Dec. 23, 
1811. 



Sept. 15, 
1837. 



March 16^ 
]844. 



96 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 



March 30, 
1816. 



March 30, 
1816. 



to govern said committee in all allowances for such 
works ; and it shall be in order for said committee to 
report at all times. 

R. 105. Six additional standing committees shall be 
appointed at the commencement of the first session in 
each Congress, whose duties shall continue until the first 
session of the ensuing Congress. 

1. A committee on so much of the public accounts and ex-"^ 

penditures as relate to the Department of State ; 

2. A committee on so much of the public accounts and ex- 

penditures as relate to the Treasury Department ; 

3. A committee on so much of the public accounts and ex- 

penditures as relate to the Department of War ; 

4. A committee on so much of the public accounts and ex- -p^ consist of 

penditures as relate to the Department of the Navy ; ^ gye mem- 

5. A committee on so much of the public accounts and ex- tje^g each. 

penditures as relate to the Post Office ; and 

6. A committee on so much of the public accounts and ex 

penditures as relate to the Public Buildings, 



R. 106. It shall be the duty of the said committees to 
examine into the state of the accounts and expenditures 
respectively submitted to them, and to inquire and report 
particularly — 

Whether the expenditures of the respective depart- 
ments are justified by law ; 

Whether the claims from, time to time satisfied and dis- 
charged by the respective departments are supported by 
sufficient vouchers, establishing their justness both as to 
their character and amount ; 

Whether such claims have been discharged out of 
funds appropriated therefor, and whether all moneys 
have been disbursed in conformity with appropriation 
laws; and 

Whether any, and what, provisions are necessary to be 
adopted, to provide more perfectly for the proper appli- 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



97 



cation of the public moneys, and to secure the Govern- 
ment from demands unjust in their character or extrava- 
gant in their amount. 

And it shall be, moreover, the duty of the said com- 
mittees to report, from time to time, whether any, and 
what, retrenchment can be made in the expenditures of 
the several departments, without detriment to the public 
service ; whether any, and what, abuses at any time exist 
in the failure to enforce the payment of moneys which 
may be due to the United States from public defaulters or 
others ; and to report, from time to time, such provisions 
and arrangements as may be necessary to add to the 
economy of the several departments and the accounta- 
bility of their officers.* 

tit shall be the duty of the several Committees on 
Public Expenditures to inquire whether any offices be- 
longing to the branches or departments, respectively, 
concerning whose expenditures it is their duty to inquire, 
have become useless or unnecessary ; and to report, from 
time to time, on the expediency of modifying or abolish- 
ing the same : also, to examine into the pay and emolu- 
ments of all offices under the laws of the United States ; 
and to report from time to time such a reduction or in- 
crease thereof as a just economy and the public service 
may require. 

R. 107. The several standing committees of the House 
shall have leave to report by bill or otherwise. 

R. 108. No committee shall sit during the sitting of the 
House, without special leave. 

R. 109. It shall be the duty of the Clerk to make, and 
cause to be printed, and delivered to each member at the 
commencement of every session of Congress, a list of the 



* See notes to rules 78 and 89. 

•j-This part of the duties of those committees was, previous to 1841, over- 
looked, and omitted in the rules. 



Adopted. 



Febr'y 19, 
1817. 



March 13, 
1822. 



Nov'r 13, 
1794. 



March 13, 
1822. 



98 



RULES OP THE U. S. HOUSE OF REPRESENTATIVES. 



Apopted. 



Nov. 13, 
1794. 



Dec. 23, 
1811. 



Febr'y 17, 
1792, and 
De. 30,1793 



Feb. 21, 
1803. 



reports which it is the duty of any officer or department 
of the Government to make to Congress ; referring to the 
act or resolution, and page of the volume of the laws or 
Journal in which it may be contained , and placing under 
the name of each officer the list of reports required of 
him to be made, and the time when the report may be 
expected. 

R. 110. It shall be the duty of the Clerk of the House, 
at the end of each session, to send a printed copy of the 
Journals thereof to the Executive, and to each branch of 
the Legislature of every State. 

R. 111. All questions of order shall be noted by the 
Clerk, with the decision, and put together at the end of 
the Journal of every session. 

R. 112. Whenever confidential communications are 
received from the President of the United States, the 
House shall be cleared of all persons, except the mem- 
bers. Clerk, Sergeant-at-arms, and Doorkeeper,* and so 
continue during the reading of such communications, and 
(unless otherwise directed by the House) during all de- 
bates and proceedings to be had thereon. And when the 
Speaker, or any other member, shall inform the House 
that he has communications to make, which he conceives 
ought to be kept secret, the House shall, in like manner, 
be cleared, till the communication be made ; the House 
shall then determine whether the matter communicated 
requires secrecy or not, and take order accordingly. 

R. 113. All questions relating to the priority of busi- 
ness to be acted on, shall be decided without debate. 



* In the rule as originally established on the 17th February, 1792, it is 
provided that the House be cleared of all persons, except "the members and 
the Clerk." In the rules of the 13th November, 1794, the language used is 
« the members of the House and its officers." In the edition of 7th January, 
1802, the terms " members and Clerk" are again used; and on the 23d De- 
cember, 1811, it was changed to its present form, so as to include the Ser- 
geant and Doorkeeper. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



99 



OF BILLS. 

R. 114. Every bill shall be introduced on the report of 
a committee, or by motion for leave. In the latter case, 
at least one day's notice shall be given of the motion* in 
the House, or by filing a memorandum thereof with the 
Clerk, and having it entered on the Journal ; and the 
motion shall be made, and the bill introduced, if leave is 
given, when resolutions are called for : such motion, or 
the bill when introduced, may be committed. 

R. 115. Every bill shall receive three several readings 
in the House, previous to its passage ; and bills shall be 
despatched in order as they were introduced, unless 
where the House shall direct otherwise ; but no bill shall 
be twice read on the same day, without special order of 
the House. 

R. 116. The first reading of a bill shall be for informa- 
tion, and, if opposition be made to it, the question shall 
be, " Shall this bill be rejected?" If no opposition be 
made or if the question to reject be negatived, the bill 
shall go to its second reading without a question.! 



* In the early stages of the Government, before the institution of standing 
committees, it was the common practice to introduce bills, on motion for 
leave, by individual members ; the bills were then referred to a select com- 
mittee, to examine and report upon. The practice, however, of introducing 
bills by members, on leave, gradually grew into disuse as standing commit- 
tees were created, and, for nearly thirty years, no case occurs on the Jour- 
nals. A few cases have occurred within the last five or six years. It is an 
inconvenient practice, and does not facilitate business. Previous to the 13th 
March, 1822, so strict was the House upon the introduction of bills, that 
standing committees had to obtain leave, in every case, to report by bill. On 
that day the 107th rule was adopted. 

•j- But not on the day of its introduction ; that is prohibited by rule 115. 
The meaning of the rule is, that it passes to its second reading the next day 
"without motion or question ;" it is the duty of the Speaker then to take it 
up, and give it the second reading when clearing his table under the 25th 
rule. If no opposition be made to a bill, or if the question to reject be nega- 
tived, and the bill receives its second reading forthwith, (as is usual,) it is 
always understood that it is by " special order of the House." In the rapid 



Adopted. 



April 7, 
1789; Sept. 
15, 1837; 
and March 

2, 1848. 



April 7, 
1789. 



April 7, 
1789. 



100 



RULES or THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 

Nov. 13, 
1794. 



Sept. 14, 
1837. 



Nov'r 13, 
1794. 



Dec. 29, 

1817. 



March 13 



April 7, 
1789. 



R. 117. Upon the second reading of a bill, the Speaker | 
shall state it as ready for commitment or engrossment ; 
and, if committed, then a question shall be, whether to a 
select or standing committee, or to a Committee of the 
Whole House ; if to a Committee of the Whole House, 
the House shall determine on what day ; [if no motion 
be made to commit, the question shall be stated on its en- 
grossment ; and if it be not ordered to be engrossed on 
the day of its being reported, it shall be placed in the 
general file on the Speaker's table, to be taken up in its 
order.] But, if the bill be ordered to be engrossed, the 
House shall appoint the day when it shall be read the 
third time. 

R. 118. Not more than three bills, originating in the 
House, shall be committed to the same Committee of the 
Whole ; and such bills shall be analogous in their nature, 
which analogy shall be determined by the Speaker. 

R. 119. A motion to strike out the enacting words of a 
bill shall have precedence of a motion to amend ; and, if 
carried, shall be considered equivalent to its rejection.* 

R. 120. After commitment and report thereof to the 
House, or at any time before its passage, a bill may be 
recommitted.t 



and hurried manner in which bills are now reported and acted upon, the mo- 
tion is seldom or never made, nor is the question put, " Shall the bill be now 
read a second time." The Speaker takes it for granted that the motion has 
been made and allowed, and announces the second reading as soon as the 
first reading is completed. When a bill is read the fifst time, and no dispo- 
sition of it be moved, it remains on the Speaker's table, to receive its second 
reading on the next day, as matter of course, in the 3d class of the 25th rule. 

* Rule 119 may be considered an exception to the 46th rule. It was 
adopted on the same day and takes precedence of a motion to amend. Rule 
119 has, however, of late years fallen into disuse. In the ordinary sessions 
of the House the motion "to lay upon the table" is used in its stead. 
In Committee of the Whole its place is supplied by reporting the measure 
to the House and recommending that it do not pass. 

I A difference of opinion often arises as to the construction of this rule. 
Anciently, it was held and practised upon, according to its terms, that a bill 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



101 



R. 121. All bills ordered to be engrossed shall be exe- 
cuted in a fair round hand. 

R. 122. No amendment by way of rider shall be re- 
ceived to any bill on its third reading. 

R. 123. When a bill shall pass, it shall be certified by 
the Clerk, noting the day of its passage at the foot thereof 

OF COMMITTEES OF THE WHOLE HOUSE. 

R. 124. It shall be a standing order of the day, through- 
out the session, for the House to resolve itself into a Com- 
mittee of the Whole House on the state of the Union.* 

R. 125. In forming a Committee of the Whole House, 
the Speaker shall leave his chair, and a chairman, to pre- 
side in committee, shall be appointed by the Speaker.t 

R. 126. Whenever the Committee of the Whole on the 
state of the Union, or the Committee of the Whole House, 
finds itself without a quorum, the chairman shall cause 
the roll of the House to be called, and thereupon the 
committee shall rise, and the chairman shall report the 



could be recommitted at any time before its passage. Of late years, it has 
been decided that, if the previous question, on its passage, be ordered, a mo- 
tion to recommit is not in order, but that the question must be put on the 
passage of the bill. I think the practice unsound. The intention of a re- 
commitment is for the purpose of perfecting the bill, and it is endangered by 
forcing its passage in an imperfect state. 

* For more than forty years it was held and practised, under this rule, that 
the House could resolve itself into a Committee of the Whole on the state of 
the Union at any time. Recently, however, a different practice prevailed, it 
being held that several of the rules prescribing the order of business, as well 
as special orders, interposed to prevent it ; in consequence of which, the 
House, on the 1st June, 1840, amended the 136th rule so as to go into Com- 
mittee of the Whole on the state of the Union at any time : in other words, 
restored the ancient practice under the 124th rule. 

•j- Originally the rule was silent as to the mode of appointing a chairman 
of the Committee of the Whole. He was appointed by the House by nomi- 
nation and vote thereon. That practice became very inconvenient ; and on 
the 13th November, 1794, the rule was amended by adding "by the 
Speaker." 



Adopted. 

April 7, 
1789. 



April 8, 
1814. 



April 7, 
1789. 



April 7, 
1789. 



April 7, 
1789. 



Dec. 18, 
1847. 



102 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



* Adopted. 



April 7, 
1789. 



April 7, 
J789. 



April 7, 
1789. 



April 7, 
1789. 



Nov'r 13, 
1794. 



Nov. 13, 
1794. 



names of the absentees to the House, which shall be en- 
tered on the Journal. 

R. 127. Upon bills committed to a Committee of the 
Whole House, the bill shall be first read throughout by 
the Clerk, and then again read and debated by clauses, 
leaving the preamble to be last considered : the body of 
the bill shall not be defaced or interlined ; but all amend- 
ments, noting the page and line, shall be duly entered by 
the Clerk on a separate paper, as the same shall be 
agreed to by the committee, and so reported to the 
House.* After report, the bill shall again be subject to 
be debated and amended by clauses, before a question to 
engross it be taken. 

R. 128. All amendments made to an original motion in 
committee shall be incorporated with the motion, and so 
reported. 

R. 129. All amendments, made to a report committed 
to a Committee of the Whole House shall be noted, and 
reported, as in the case of bills. 

R. 130. All questions, whether in Committee or in the 
House, shall be propounded in the order in which they 
were moved, except that, in filling up blanks, the largest 
sum and longest time shall be first put.t 

R. 131. No motion or proposition for a tax or charge 
upon the people shall be discussed the day in which it is 
made or off'ered ; and every such proposition shall receive 
its first discussion in a Committee of the Whole House. 

R. 132. No sum or quantum of tax or duty, voted by 
a Committee of the Whole House, shall be increased in 
the House until the motion or proposition for such in- 
crease shall be first discussed and voted in a Committee 
of the Whole House ; and so in respect to the time of its 
continuance. 



* This refers to bills in manuscript and bills from the Senate. It was long 
after the date of this rule that the practice of printing the bills was adopted, 
j- See rule 46, and the note to that rule, which is explanatory of this rule. 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



103 



R. 133. All proceedings touching appropriations of 
money shall be first discussed in a Committee of the 
Whole House.* 

R. 134. The rules of proceedings in the House shall be 
observed in a Committee of the Whole House, so far as 
they may be applicable, except the rule hmiting the times 
of speaking ; [but no member shall speak twice to any 
question, until every member choosing to speak shall 
have spoken.] 

R. 13^5. In Committee of the Whole on the state of the 
Union! the bills shall be taken up and disposed of in 
their order on the calendar ; but when objection is made 
to the consideration of a bill, a majority of the committee 
shall decide, without debate, whether it shall be taken up 
and disposed of, or laid aside ; provided that general ap- 
propriation bills, and, in time of war, bills for raising men 
or money, and bills concerning a treaty of peace, shall be 
preferred to all other bills, at the discretion of the com- 
mittee, and v^^hen demanded by any member, the ques- 
tion shall first be put in regard to them. 

R. 136. No standing rule or order of the House shall 
be rescinded or changed^ without one day's notice being 
given of the motion therefor ; [nor shall any rule be sus- 
pended, except by a vote of at least two-thirds of the 
members present ;§] nor shall the order of business, as 

* This rule, as first adopted, required all proceedings touching appropria- 
tions of money to be first moved in Committee of the Whole. The word 
"moved" was struck out on the 17th December, 1805, as it was found, in 
practice, greatly to retard public business. 
j j- See note to rule 30, page 76. 

jl \ The words « or changed" were added on the 23d December, 1811. 
Ij §This rule was amended at this place, June 18, 1841, [extra session 27th 
j Congress,] by inserting these words : " It shall not be in order to move a sus- 
ij pension of the rules for any purpose, until after the daily call for petitions, 
j reports of committees, and resolutions shall be completed, except for a motion 
to proceed to the orders of the day." At the commencement of the next ses- 



Adopted. 

Nov. 13, 
1794. 



April 7, 
17fc9. 



Dec. 17. 
1805. 



July 27, 

1848. 



Nov. 13, 
1794. 



March 13, 
1822. 



April 26, 

1828. 



104 



KULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Jan'y 25, 
1848. 



March 11, 
1844. 



Dec. 18, 
1847. 



March 13, 
1822. 



Sept. 15, 
1837. 



established by the rules, be postponed or changed, except 
by a vote of at least two-thh'ds of the members present. 
[The House may, at any time, by a vote of a majority of 
the members present, suspend the rules and orders for 
the purpose of going into the Committee of the Whole 
House on the state of the Union ; and also for providing 
for the discharge of the Committee of the Whole House, 
and the Committee of the Whole House on the state of 
the Union] from the further consideration of any bill 
referred to it, after acting without debate on all amend- 
ments pending, and that may be offered.* 

R. 137. Except during the last ten days of the session, 
the Speaker shall not entertain a motion to suspend the 
rules of the House at any time, except on Monday of 
every week : provided nothing herein contained shall be 
construed to alter so much of the 136th rule as provided 
as follows : " The House may at any time, by a vote of 
a majority of the members present, suspend the rules and 
orders for the purpose of going into the Committee of the 
Whole House on the state of the Union ; and, also, for 
providing for the discharge of the committee from the 
further consideration of any bill referred to it, after acting 
without debate on all amendments pending, and that 
may be offered. 

R. 138. It shall be in order for the Committee on En- 
rolled Bills to report at any time. 

R. 139. The rules of Parliamentary Practice, comprised 
in Jefferson's Manual, shall govern the House in all cases 
to which they are applicable, and in which they are not 
inconsistent with the Standing Rules and Orders of the 



sion, the House adopted the rules of the 2Gth Congress, by which this and all 
other amendments made at the extra session fell. 

* December 4, 1843, the rules of the 27th Congress were adopted, with 
the exception of this rule. On the 11th March, 1844, this rule was re- 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



105 



House, and the Joint Rules of the Senate and House of 
Representatives.* 

R. 140. No person shall be permitted to perform divine 
service in the chamber occupied by the tlouse of Repre- 
sentatives, unless with the consent of the Speaker. 

R. 141. The rule for paying witnesses summoned to 
appear before this House, or either of its committees, 
shall be as follows : For each day a witness shall attend, 
the sum of two dollars ; for each mile he shall travel in 
coming to or going from the place of examination, the 
sum of ten cents each way ; but nothing shall be paid for 
travelling home when the witness has been summoned at 
the place of trial. 

R. 142. The Clerk shall, within thirty days after the 
close of each session of Congress, cause to be completed 
the printing and primary distribution, to members and 
delegates, of the Journal of the House, together with an 
accurate index to the same. 

R. 143. There shall be retained in the library of the 
Clerk's office, for the use of the members there, and not 
to be withdrawn therefrom, two copies of all the books 
and printed documents deposited in the library. 

R. 144. The Clerk shall have preserved for each mem- 
ber of the House an extra copy, in good binding, of all 
the documents printed by order of either House at each 
future session of Congress. 

R. 145. Tlie Clerk shall make a weekly statement of 
the resolutions and bills (Senate bills inclusive) upon the 
Speaker's table, accompanied with a brief reference to 
the orders and proceedings of the House upon each, and 
the date of such orders and proceedings ; which state- 
ment shall be printed for the use of the members. 



* The rules of Congress embrace all that is essential in common legislative 
proceedings. In order, however, to meet any contingency and gratify curi- 
I osity, Jefferson's Manual, with all the Latin phrases translated, has been in- 
serted in the latter part of this volume. See page 147. 



Adopted. 



May 19, 
1804. 



June 5, 
1832. 



June 18, 
1832. 



Dec. 22, 
1826. 



Febr'v 9, 
1831. 



April 21, 
1830. 



106 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



Adopted. 

July 4, 
1832. 



May. 26, 



March 2, 
1837; Sept 
11, 1837. 



Dec. 14, 

1838. 



March 8, 
1842. 



Febr'y 26. 
1846. 



Jan. 30, 
1846. 



R. 146. The Clerk shall cause an index to be prepared 
to the acts passed at every session of Congress, and to be 
printed and bound with the acts. 

R. 147. The unappropriated rooms in that part of the 
Capitol assigned to the House shall be subject to the 
order and disposal of the Speaker, until the further order 
of the House. 

R. 148. Maps accompanying documents shall not be 
printed, under the general order to print, without the 
special direction of the House. 

R. 149. No committee shall be permitted to employ a 
clerk at the public expense, without first obtaining leave 
of the House for that purpose. 

R. 150. No extra compensation shall be allowed to 
any officer or messenger, page, laborer, or other person 
in the service of the House, or engaged in or about the 
public grounds or buildings : and no person shall be an 
officer of the House, or continue in its employment, who 
shall be an agent for the prosecution of any claim against 
the Government, or be interested in such claim otherwise 
than an original claimant ; and it shall be the duty of the 
Committee of Accounts to inquire into and report to the 
House any violation of this rule. 

R. 151. Upon the engrossment of any bill making ap- 
propriations of money for works of internal improvement 
of any kind or description, it shall be in the power of any 
member to call for a division of the question, so as to 
take a separate vote of the House upon each item of im- 
provement or appropriation contained in said bill, or upon 
such items separately, and others collectively, as the 
member making the call may specify ; and if one-fifth of 
the members present second said call, it shall be the duty 
of the Speaker to make such divisions of the question, 
and put them to vote accordingly. 

R. 152. The following resolution was passed by the 



RULES OF THE U. S. HOUSE OF REPRESENTATIVES. 



107 



House of Representatives, January 30, 1846. — Journal 
Ho. Reps., 1st sess. 29th Congress, page 323. 

" Whereas the Clerk of this House is by law made the 
responsible officer for the proper disbursement of the con- 
tingent fund, and is required to give bond for the faithful 
disbursement thereof: therefore, 

^'Resolved, That, from and after the passage of this reso- 
lution, all contracts, bargains, or agreements, relative to 
the furnishing any matter or thing, or for the performance 
of any labor for the House of Representatives, be made 
with the Clerk, or approved by him, before any allow- 
ance shall be made therefor by the Committee of Ac- 
counts." 



JOINT RULES AND ORDERS OF THE TWO HOUSES. 

Rule 1. In every case of an amendment of a bill 
agreed to in one House, and dissented to in the other, if 
either House shall request a conference, and appoint a 
committee for that purpose, and the other House shall 
also appoint a committee to confer, such committees shall, 
at a convenient hour, to be agreed on by their chairman, 
meet in the conference chamber, and state to each other, 
verbally or in writing, as either shall choose, the reasons 
of their respective Houses for and against the amend- 
ment, and confer freely thereon. 

R. 2. When a message shall be sent from the Senate 
to the House of Representatives, it shall be announced at 
the door of the House by the Doorkeeper, and shall be 
respectfully communicated to the Chair by the person by 
whom it may be sent. 

R. 3. The same ceremony shall be observed when a 
message shall be sent from the House of Representatives 
to the Senate. 

R. 4. Messages shall be sent by such persons as a 



Nov. 13, 
1794. 



Nov. Ij 
1794. 



Nov'r 13, 
1794. 



Nov'r 13, 
1794. 



108 



JOINT RULES. 



Adopted. 



Nov. 13, 
1794. 



Nov. 13, 
1794. 



Nov. 13, 
1794, and 
Feb. 1,1827 



Nov. 13, 
1794. 



Nov. 13, 
1794. 



Nov. 13, 
1794. 



sense of propriefy in each House may determine to be 
proper. 

R. 5. While bills are on their passage between the two 
Houses, they shall be on paper, and under the signature 
of the Secretary or Clerk of each House, respectively. 

R. 6. After a bill shall have passed both Houses, it 
shall be duly enrolled on parchment by the Clerk of the 
House of Representatives, or the Secretary of the Senate, 
as the bill may have originated in the one or the other 
House, before it shall be presented to the President of 
the United States. 

R. 7. When bills are enrolled, they shall be examined 
by a joint committee of two from the Senate and two 
from the House of Representatives, appointed as a stand- 
ing committee for that purpose, who shall carefully com- 
pare the enrollment with the engrossed bills, as passed in 
the two Houses, and, correcting any errors that may be 
discovered in the enrolled bills, make their report forth- 
with to their respective Houses. 

R. 8. After examination and report, each bill shall be 
signed in the respective Houses, first by the Speaker of 
the House of Representatives, then by the President of 
the Senate. 

R. 9. After a bill shall have been thus signed in each 
House, it shall be presented, by the said committee, to 
the President of the United States, for his approbation, 
(it being first endorsed on the back of the roll, certifying 
in which House the same originated ; which endorsement 
shall be signed by the Secretary or Clerk, as the case may 
be, of the House in which the same did originate,) and 
shall be entered on the Journal of each House. The 
said committee shall report the day of presentation to the 
President ; which time shall also be carefully entered on 
the Journal of each House. 

R. 10. All orders, resolutions, and votes, which are to 
be presented to the President of the United States, for his 



JOINT RULES. 



109 



approbation, shall also, in the same manner, be previ- 
ously enrolled, examined, and signed ; and shall be pre- 
sented in the same manner, and by the same committee, 
as provided in the cases of bills. 

R. 11. When the Senate and House of Representatives 
shall judge it proper to make a joint address to the Presi- 
dent, it shall be presented to him in his audience chamber 
by the President of the Senate, in the presence of the 
Speaker and both Houses. 

R. 12. When a bill or resolution which shall have 
passed in one House is rejected in the other, notice thereof 
shall be given to the House in which the same shall have 
passed. 

R. 13. When a bill or resolution which has been passed 
in one House shall be rejected in the other, it shall not be 
brought in during the same session, without a notice of 
ten days, and leave of two-thirds of that House in which 
it shall be renewed. 

R. 14. Each House shall transmit to the other all pa- 
pers on which any bill or resolution shall be founded. 

R. 15. After each House shall have adhered to their 
disagreement, a bill or resolution shall be lost. 

R. 16. No bill that shall have passed one House shall 
be sent for concurrence to the other on either of the three 
last days of the session. 

R. 17. No bill or resolution that shall have passed the 
House of Representatives and the Senate shall be pre- 
sented to the President of the United States, for his ap- 
probation, on the last day of the session. 

R. 18. When bills which have passed one House are 
ordered to be printed in the other, a greater number of 
copies shall not be printed than may be necessary for the 
use of the House making the order. 

R. 19. No spirituous liquors shall be offered for sale, 
or exhibited, within the Capitol, or on the public grounds 
adjacent thereto. 



Adopted. 



Nov. 13, 
1794. 



Jati'y 30, 

1822. 



Jan'y 30, 

1822. 



Febr'y 9, 
1829. 



Sept. IB, 
1837. 



110 



JOINT RULES. 



Adopted. [ 

Joint reso- 
lution (sec-| 
tion 2) of 
the 1st ses- 
sion 29th 
Congress. 



Isl session 
30th Cong. 



Aug. 14, 

1848. 



R. 20. A committee, consisting of three members of the 
Senate and three members of the House of Representa- 
tives, shall be chosen by their respective Houses, which 
shall constitute a Committee on Printing, which shall 
have power to adopt such measures as may be deemed 
necessary to remedy any neglect or delay on the part of 
the contractor to execute the work ordered by Congress, 
and to make a pro rata reduction in the compensation 
allowed, or to refuse the work altogether, should it be 
inferior to the standard ; and in all cases, the contractor 
and his securities shall be responsible for any increased 
expenditure consequent upon the non-performance of the 
contract. The committee shall audit and pass upon all 
accounts for printing ; but no bill shall be acted upon for 
work that is not actually executed and delivered, and 
which they may require to be properly authenticated. 

R. 21. It shall be in order for the Committee on Print- 
ing to report at any time. 

R. 22. After six days from the commencement of a 
second or subsequent session of Congress, all bills, reso- 
lutions, or reports which originated in either House, and, 
at the close of the next preceding session, remained un- 
determined in either House, shall be resumed and acted 
on in the same manner as if an adjournment had not 
taken place. 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



Ill 



INDEX 

TO THE 

RULES AND ORDERS 

OF THE 

HOUSE OF REPEESENTATIVES, 

AND TO THE JOINT RULES. 



A. 

AssEifT MEMBERS, their attendance may be compelled by fifteen 
members ------- 

Absext, no member allowed to be, unless sick or on leave - 
AssEijfTEES at a call, proceedings against - - - - - 

Accounts of members. Sergeant to keep - - - - - 

Acts and addresses signed by the Speaker - - - - 

Address to the President, how to be presented (joint rule) - 
Adhere, effect of a vote in the two Houses to (joint rule) - 
Adjourn, motion to, always in order, but not to be debated 

" hour to be entered - - 

Admission within the Hall, the persons entitled to - - - 

Agents for claims -- 

Amend, order of motion to ------- 

Amendment not to be admitted, if on a subject different from that 
under consideration ------ 

Amendments to engrossed bills, by way of rider, not permitted - 

" to engrossed bills, to be kept on separate paper 

" to original motions, in Committee of the Whole - 

« to bills and resolutions, cannot be made by adding 

other bills or resolutions - - - - - 

« to rules, proposition of - - - - - 

« to reports in Committee of the Whole - - - 

«' to bills on which the two Houses disagree, confer- 

ence upon (joint rule) - - - - 

" of Senate, to bills, when considered - - - 



Rule 

65 
66 
61 
70 
15 
11 
15 
48 
49 
17 
150 
46 

55 
122 
127 

128 

55 
136 
129 

1 
27 



112 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



Appeals, how made and debated ---_-- 
" proceedings in case of, for transgressing rules 
" not debated on previous question . _ . - 

Appbopriation bills, may be amended in Committee of the 
Whole out of their order - - - 
" " to be reported within thirty days - 

" " to have preference in order of day - 

*• " appropriations not authorized by law, not 

to be made 

Appropkiatios for treaties not to be included in bills making 

appropriation for other objects - 
Appropriations to be first discussed in Committee of the Whole 
" votes upon each item of, may be taken 

B. 

Ballot for committees - 

" in other cases ...-_-.- 
Ballots, blank, not counted - - 

" no person to look on when tellers are counting 

Bar, no member to vote unless within the 

Bills ox the table, when to be taken up and disposed of- - 
Bills reported zXjirst session, to be resumed at second 
" private, to have precedence on Fridays and Saturdays 
« « to be called over on first and fourth Fridays of every 

month — preference to those not objected to 
" rejected, if enacting words be stricken out 
" cannot be amended by adding other bills - 
" proceedings on leave to introduce - - - 
" how to be introduced or reported - - - 

" leave to introduce 

" making appropriations, to be reported within thirty days - 
" " " to have preference in order - 

« " " not authorized by law excluded - 

« " " to be first discussed in Committee 

of the Whole .... 

" the several readings of - - 

" if opposed on first reading, question to reject to be put, &c. 
" how to be disposed of on second reading - - - - 
" not more than three to be committed to the same Committee 

of the Whole 

" may be recommitted at any time before passage 

" to be engrossed in a fair round hand , ,- ... 

" amendments of Senate, when considered .... 



Rule 

2 

35,36 

51 

135 
79 
80 

81 

78 

133 

. 151 



7 
11 
11 
39 

40 
27 
22 
29 

29 

46 

55 

114 

114 

1,14 

79 

80 

81 

133 

115 
116 
117 

118 
120 
121 

27 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



113 



Bills, engrossed, when to be read a third time - - - - 
« from the Senate, when to be read and disposed of • 
« not to be amended on third reading by rider . - - 
" when passed, to be certified by the Clerk - - - - 
" [in Committee of the Whole] how to be taken up ; not to 
be interUned ; amendments to, how to be kept and re- 
ported ; and, after report, may be again debated and 

amended 

« on their passage to be on paper (joint rule) 

" to be enrolled on parchment after passing the two Houses 

(joint rule) 

(See Engrossed Bills.) 
« passed one House and lost in the other, notice to be given 

of (joint rule) 

« passed one House and lost in the other, how they may be re- 
newed (joint rule) 

" luhen sent from one House to the other, to be accompanied 

by the papers on which they are founded (joint rule) - 

" not to be sent from one House to the other for concurrence 

on the three last days of the session (joint rule) - 
« not to be presented to the President on the last day of a 

session (joint rule) 

" joint rule relative to printing of - - - - - 

" resolutions, and reports not disposed of at one session of a 

Congress, which shall have passed either House, to be 

taken up after six days of a succeeding session (joint 

rule) 

Bla^-ks, rule respecting the filUng of 

Blakk ballots, not to be counted 

Bond of Sergeant-at-arms -.------ 

BusijfEss, unfinished, precedence of 

Business, unfinished at first, to be resumed at second session of 

Congress 

« daily order of 

" order of, changed or postponed, two-thirds necessary - 

" no debate on priority of 

Business on the table, when to be taken up and disposed of - 
Business on the Speaker's table, mode of disposing of - 

« « « « list to be made of - - 

" private, to have preference on Fridays and Saturdays - 

" " to be called over on first and fourth Fridays in 

every m. Jth, and preference given to matters 

not objected to 

H 



Rule 

27 

27 

122 

123 



127 
5 



12 

13 

14 

16 

17 
18 



22 

130 

11 

71 

58 

22 

23 

136 

113 

27 

27 

145 

29 



30 



114 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



^. Rule 

Calls on Departments for information, rules relating to - - 61 

Calls of the House, names called alphabetically . - - 62 
" " " in order prior to second of previous question, 

but not after 50 

" " " proceedings on a call - - - - 63, 64 

" " " Speaker and fifteen members may compel at- 
tendance of absent members - - - 63 
Capitol, unappropriated rooms in- - - - - - 147 

" no spirits to be brought within or about (joint rule) - 19 

Chaik, Speaker may substitute a member to take the - - - 6 

Chaihman of Committee, who shall be - - - - - 8 

" OF Committee of Whole, Speaker names - - 125 

Charge on the people, motions for- - - - - - 131 

Claims, officers of House not to prosecute - - - - - 150 

Clerk to cause resolutions to be delivered to President, &c. - 61 
" to take an oath to act faithfully, and tenure of appoint- 
ment, &c. .-.- 21 

« to make a list of reports to be made by public officers to 

Congress - - 109 

" to forward the Journals to Governors of the States - - 110 

« to make weekly a list of business on Speaker's table - . - 145 

« to cause Journal to be completed and distributed - - 142 

" to furnish members with bound documents - - - 144 

" to cause the laws to be indexed 146 

" all contracts, &c., to be made or approved by - - - 153 

« to note questions of order - 111 

" to attest legal acts signed by the Speaker - - - 15 

« to retain certain books in the office library - - - 131 

Clerks to Committees, House must order employment of -v 149 

Commit or amend, order of motions to 46 

Committees, how to be appointed 7 

« who shall be chairman 8 

" to meet on call of two members - - - - 10 

« order in which they shall be called for reports - 25 
« a member may, in a certain case, be excused from 

serving on 9 

« precedence of, in motions for reference - - - 47 

« appointment of standing ----- 76 

« duties of, viz ; of Elections 77 

« " « of Ways and Means - - 78,79,80,81 

« « « of Claims .82 

« « « on Commerce - - . . 83 

« « « on Public Lands - - - - 84 



INDEX TO THE RULES OF THE HOUSE OE REPRESENTATIVES. 115 



1 






Rule 


CojrMiTTEES, duties of, viz : 


on Post Office and Post Roads 
for the District of Columbia 




85 
86 


« it (I 

K (( (( 


on the Judiciary 
on Revolutionary Claims 
on Public Expenditures - 
on Private Land Claims - 




87 
88 
89 
90 


« « « 
U (( (( 


on Military Affairs . - - 
on the Militia . - - 




91 
92 


(( (( (( 


on Naval Affairs - - - 




93 


(( « (( 

U it « 


on Foreign Affairs . - - 
on the Territories - 




94 
95 




on Revolutionary Pensions 
on Invalid Pensions 




96 
97 


« (( (( 


on Roads and Canals 




98 


« <C (( 


on Patents .... 




99 


(( (( (( 


on Public Buildings 




100 


« « « 


on Revisal and Unfinished Business 


101 


(< <( (( 


of Accounts . . . - 


. 


102 


u « « 

« it « 


on Mileage . . - - 
on Engraving ... 


- 


103 
104 


Committees on Expexdttures, appointment and duties of the 


six 105 


106 


Committees, stajstding, may report by bill ... 
" not to sit during session of House - 


- 


107 
108 


" not to emplo) 

C0M?IITTEE OF THE WhOLE 


clerks 

ON the Union, a standing order of 


149 


the day 

« rules may be suspended at any time to go into - 
« House may discharge, and terminate debate in - 


; 


124 
136 
136 


" how a quorum may be compelled .... 
« business of to be considered and concluded in order of 


126 


reference - 





. 


135 


Committee of the Wholi 


., how formed - - . - 


. 


125 


« how to proceed 


in cases of bills ... 


. 


127 


" how to report amendments to original motions - 
« how to report amendments to a report 
" rules of the House to be observed in 


; 


128 
129 
134 


« must first entertain all motions for laying or increas- 




ing taxes - 




- 131 


,132 


« appropriations must be first discussed in - 
Committee clerks, House to order employment of - 
Committee ox Exrolled Bills, appointment and duties of (joint 
rule) 

<' to report at any time 


133 
149 

7 
138 

1 



116 



INDEX TO THE RULES OF THE HOUSE OP REPRESENTATIVES, 



Rule 
CoMMiTMEKT of motions and reports to be at the pleasure of the 

House -------- 54 

" when different committees are proposed, their order 47 
CoKFERENCE on disagreeing votes of the two Houses, rule respect- 
ing (joint rule) 1 

Confidential communications or proceedings, rules upon - 112 

" Sergeant-at-arms sworn to secrecy - - - 72 

" Doorkeeper sworn to secrecy . - - 74 

Consideration, questions of 5 

Conversation, (private,) not to be entertained while a member is 

speaking 39 

D. 

Debate, provisions for the preservation of order and decorum in - 31, 35 

« on appeals, hmited nature of 2 

" on appeals in calls to order prohibited - - - - 35 

" prohibited on motions to adjourn "i _ .r. 
« prohibited on motion to lie on the table 5 

« prohibited- to speak more than once or twice - - 31, 38, 133 
« prohibited on petitions and other papers on day of pre- 
sentation -------. 24 

" prohibited on priority of business - - - - ' - 113 

« to be precluded by the previous question - - - 50, 51 

« no speech to exceed one hour 34 

« in Committee of the Whole, House may terminate - 136 

Departments, calls for information from - - - - - 61 

" list of reports from --.--- 109 

Division of cluestions, when and how they may be allowed - 53, 151 

Division or the House, how made and decided - - •* 4 
Divine service not to be performed in the Hall, unless by the 

consent of the Speaker - - - - - 140 

Disorder of the gallery, remedy for 16 

Documents, members to be furnished with an extra set - - 144 

« rule respecting printing extra numbers - - - 61 

Doorkeepers, to be appointed ------- 73 

" to be sworn to secrecy 74 

" required to execute rules strictly - - - - 20 
Duties or taxes, rules to be observed respecting the imposition 

or increase of 131, 132 

E. 

Elections, how to be conducted - 11, 12 

" previous nomination necessary - - - - - 13 

« votes to be viva voce ------ 14 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



117 



ExACTiJfG WORDS, if strickcn out, to be considered as a rejection 

of bill, &c. 

Ensign or mace, relating to the - 

Engraving, Committee on ------- 

« duties of -------- 

Engrossment to be in a fair round hand - - - - - 

Engrosses bills not to be amended by riders - - - - 

« " while on their passage between the two Houses 

(joint rule.) -----. 

(See Bills.) 
Enrolled bills. Committee on, may report at any time - 
« <' to be examined by the committee -\ 

« « provision for the appointment of v (joint rule) 

the Committee on 3 

« " to be signed by the presiding officers of the 

Houses (joint rule) 

« « how to be presented to the President, and the 

time to be noted (joint rule) ... 
" " not to be presented to the President on the last 

day of session (joint rule) - - . . 
Executive Departments, rules to be observed in calling for in- 
formation from heads of 
Executive communications, when to be read - - . . 
Excused from voting, rule relating to being (rescinded*) - 
Excused from serving on a committee, a member may be 
Extra compensation forbidden ---..- 

F. 

Fees in cases of calls of the House, payment by members - 
" of Sergeant-at-arms -------- 

Friday, private business, precedence on - - - - - 

G. 

Galleries may be cleared in cases of disorder - - - - 

Governors, send journals to ------- 

« admitted in the Hall ------ 



H. 

Hall to be under the direction of the Speaker - - - - 

« persons who may be admitted within the - 

" this rule to be strictly executed - . - . - 

" not to be used in the performance of Divine service, unless 

by consent of the Speaker 



Rule 

119 
68 
76 
104 
121 
122 



138 



17 

61 

27 

42 

9 

150 

64 
69 
29 

16 
10 

17 



17 
20 



140 



♦So much as relates to reasons for being excused rescinded at 2d sess. 29th Congress. 



118 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



Hats off during session of House 

Heads of Depahtments, calls for information from - . - 
Hour rule for speaking -------- 

I. 

Interested, members not to vote when - - - 
Indefinttelt, questions not to be resumed which are postponed 
Information, calls on the President and Departments for - 
Insert and strike out, questions indivisible - - - - 
Index to laws, to be made - 

J. 

Jefferson's Manual, to govern in certain cases - - . 

Joint resolutions, or propositions requiring the consent of the 
Senate, to be laid on the table one day 
" " signed by the Speaker - - - - 

Journal, reading of --- 

" to be examined by the Speaker 

" to be printed and distributed within thirty days after the 
adjournment -------- 

" written motions to be entered - - 

" to be sent to Governors - - - - - . - 

L. 
Laws to be signed by the Speaker ------ 

" index to be made -------- 

Lie on the table, precedence of a motion to - - - - 

« " no debate on a motion to - - - - 

Lie on the table one day, all matters requiring the concurrence 
of the Senate to - - - * 
« " " all calls on Executive officers for in- 

formation shall - - - - 

« " « motion to print extra numbers 

Library of Clerk's office, books to be retained - . - 
Lobby may be cleared in cases of disorder - . - - 

M. 
Mace, or symbol of office of the Sergeant - - - - - 

Maps, not printed under common order 

Manual, Jefferson's, to govern in certain cases 

Memorials, when to be presented ------ 

" rules to be observed on the presentation of - - 

" names of members presenting . - - - 

Members, not to vote, when interested - - - . - 
« to be furnished with extra set of documents 



Rule 
39 
61 
34 



40 
52 
61 
53 
146 

139 

59 

15 

1 

6 

142 

44 

110 

15 

146 

46 

48 

59 

61 

61 

143 

16 

68 
148 
139 

23 
23,24 

60 

40 
144 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



119 



Members, 



Messages 



Messages 
Messages 
Mileage, 
Mon^fiiTG 

a 
MoTIOJfS, 



Rule 

to sit uncovered -- 39 

their names to be called alphabetically _ - - 62 

proceedings against absentees at call - - - - 63, 64 

to be paid by Sergeant-at-arms ----- 70 
may address the House from the Clerk's desk, or a 

place near by 33 

BETWEE^r THE TWO HoTJSEs, how to be announced and 

delivered (joint rules) 2, 3 

by whom to be sent (joint rule) - . - • " ^ 

FROM Senate, when considered ----- 27 

FROM President, when read ----- 27 

duty of Committee on ------ 103 

HOUR, for reports and resolutions - - - - 27 

" no suspension during - - - - - 136 

to be stated by the Speaker or read by the Clerk - - 43 

if desired, shall be reduced to writing - - - - 44 

when to be considered as in possession of the House - 45 
precedence and order of certain - - - - 47,48,130 

may be committed at pleasure ----- 54 

when they may be withdrawn ----- 44, 45 



N. 

Name of member presenting petitions - - - - . 

" " presenting resolution - - - - . 

NoMixATioy, cases in which it shall be necessary - - - 

Newspapers, rq)orters to give names of - - - - - 

0. 

Order, proceedings in cases of calls to - - - - - 

" Speaker to decide questions of - - - - . 

" Speaker to make calls to ----- - 

" Clerk to note questions of ----- - 

" questions of, arising after previous question, no debate 

Order of business of the session -----. 

« « of the day 

" " postponed or changed 

Order op calling for petitions .---.. 
" " for reports of committees - - - - 

Orders of the day, when to be called 

" " may be moved pending consideration or dis- 

cussion of reports and resolutions - 
" " unfinished business to have precedence in 



35 



, 36 

2 

35 

HI 
51 
22 
23 

136 
23 
25 
27 

27 
58 



120 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



P. 

Pay of members, by Sergeant-at-arms _ - - - - 
Petitiosts, when they may be presented 

" rules to be observed on presentation of - - - 

" rule respecting debate on . _ . _ . 

" may be handed to the Clerk 

" name of member presenting - - - - - 

Personality in debate to be avoided 

Postmaster General, calls for information from . - - 

Postmaster or House to be appointed 

Postponed indefinitely, effect of question which is - 
Postpone, to day certain, order of motion - - - - - 

" or change order of business - - - - - 

N E, or I ^^ ^^ decided without debate 

Priority of business, j 

Precedence of motions --. 

President, rules to be observed in calling for information from the 
" manner of presenting bills and resolutions to the (joint 

rule) - - 

" manner of presenting joint addresses to the (joint 

rule) -- 

" no bill or resolution to be presented on the last day of 

the session to the (joint rule) - - . - 
Printing of the two Houses, Committee on (joint rule) - 
Printing, Committee on, may report at any time (joint rule) 
Printing of Journals to be completed within thirty days after 
an adjournment- .... 
Printing of bills, joint rule relating to (joint rule) - - - 
Printing, motion for extra numbers to lie one day - - - 

Previous auESTiON, order of motion for 

" " rules relating to the - - - - - 

Private business, to have preference on Fridays and Saturdays 

« « to be called over on first and fourth Fridays 

of every month, and preference given to, if 

not objected to 

Privileged characters, to come within the Hall, named - 

« « rules respecting, to be strictly executed 



Rule 
70 
23 
23,24 
24 
24 
60 
31 
61 
75 
52 
46 
136 

113 

46 
61 



11 

17 
20 

21 

142 
18 
61 
46 
50,51 
29 



Questions, precedence of . - - - - 

" manner of putting 

" decorum to be observed during the putting of 

" may be divided, and the manner of dividing 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



121 



Questions to be propounded in the order in which they are 

moved -" 

Quorum, fifteen members may compel the attendance of a - 
« how compelled in Committee of the Whole 

R. 

Reading a paper, if objected to, rule respecting the - 

Recoxsider, rule respecting motions to 

Reference, order and precedence of motions of - 

" of motions to be at the pleasure of the House - 

Reporters, rules respecting ------- 

Reports, may be committed at pleasure . - - - - 

Reports of committees, when to be made _ - - - 
Reports to be made to Congress, Clerk to make a list of 
Resolutions, when they may be submitted - - - - 

" only one at a time ------ 

« every alternate Monday set aside for - 

" those giving rise to debate to lie over - - - 

" cannot be amended by adding other resolutions 

« requiring assent of the Senate, to be laid on the 

table one day before acting on, &c. - - - 
« calling on Executive officers for information, to lie 

one day -------- 

« name of member moving - - - - - 

« orders, votes, &c., requiring the President's appro- 

bation, shall be signed and presented as in cases 
of bills (see Bills) (joint rule) - - - - 

« passed one House and lost in the other, notice to be 

given (joint rule) 

« not to be presented to the President on the last day 

of the session (joint rule) 

Riders, engrossed bills not to be amended by - - - - 

Rooms, Speaker to dispose of unappropriated - - - - 

Rules, how to be amended, rescinded, or suspended - - - 

" majority may suspend, to go into Committee of the Whole 

on the state of the Union 

" shall not be suspended, except on Monday only, to go into 
Committee of the Whole ------ 

S. 
Saturday, private bills precedence on - - - 
Sechecx, rule relating to -------- 

" Sergeant-at-arms sworn to - 

" Doorkeepers sworn to ------ 



Rule 

130 

65 

126 



57 
56 
47 
54 

18, 19 

54 

25 

109 

25,26 
25 
26 
26 
55 

59 

61 
60 



10 

12 

17 
122 
147 
136 

136 

137 

29 

112 

72 
74 



122 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



Rule 
Senate, all orders to be laid on the table one day which require 

the assent of the ------ - 59 

" bills and resolutions, when to be read - - - - 27 

" consider messages from ..---. 27 

" messages to and from (joint rules) - - - - 5, 6 

Sergeant-at-arms, to be appointed, and duties of the - - 67 

" " fees of the 69 

" " his mace or symbol of office - - . 68 

" " to pay members 70 

" " to give bond ---... 71 

" " to be sworn to secrecy - - - - 72 

Speaker, to take the chair at the hour of meeting . - . l 

'< to have preference in speaking to order _ . . 2 

" to rise to put a question ------ 3 

« to decide questions of order ----- 2 

" to examine the Journal ------ 6 

" to have direction over the Hall ----- 6 

" to appoint committees ------ 7 

" to name member who is to speak - - - - 33 

" to call members to order ------ 35 

« to have direction over unappropriated rooms - - 147 

" may substitute a member in his place - - - ' - 6 

" case in which he shall or may vote - - - - 12 

" to sign acts, addresses, writs, subpoenas, &c. - - 15 
« Divine service not to be performed in the Hall, unless by 

consent of the - 140 

Speaker's table, mode of disposing of business on - - - 25 
Speaking, rules to be observed in the House - 31, 32, 33, 34, 35, 36, 37 
« « " in Committee - - - ^ - 134, 32 
" private discourse not to be entertained, nor is any 
person to pass between the chair and the member 

who is 39 

Speak, Speaker to designate the member who is first to •» - 33 
" no member to speak more than once or twice - - 37, 38, 134 

Speech, no speech to exceed an hour 34 

Spirits, not to be brought within or about the Capitol (joint 

rule) 19 

STENOGRAPHERS,rnay be admitted on the floor, &c. - - - 18 

" further regulations for - - - - - 19 

Strike out and insert, rules respecting motions to - - - 53 

Substitute for a proposition, rule respecting a - - - - 55 

Summons, to be signed by the Speaker ----- 15 

Suspension of rules, two- thirds necessary - - - .■ 136 

" " only to be permitted on Monday - - 137 



INDEX TO THE RULES OF THE HOUSE OF REPRESENTATIVES. 



123 



T. Rule 
Taxes ok Duties, respecting the imposition of- - - -131, 132 

Tellers may be appointed to count in certain cases " - * , ^ 

U. 

UxcoTERED, members to sit - - 39 

Unfinished business, to have precedence, &c. - - - - 58 

V. 

Vote, may be taken on each item of appropriation - - - 151 

" no member to vote when interested, or without the bar - 40,41 

« every member present shall vote, unless excused - - 42 

" to be given viva voce ------- 14 

Voting, manner of- - - - - - -- - -4 

" who are to be excluded from 40, 41 

" if a member requests to vote, he is to be interrogated by 

the Speaker 40 

Viva voce, elections to be by- - - - - - - 11 

W. 

Witnesses, how to be subpoenaed ------ 15 

« rule for compensating ------ 141 

Withdrawal of motions, rule respecting the - - - - 44, 45 

Writs, Subpoenas, &c., to be signed by the Speaker, &c. - - 15 

Writing, motions to be reduced to, if desired - - - - 44 

Words excepted to, to be reduced to writing - - - - 36 

Y. 

Yeas and Nats, when calling, no one to go near the table - - 39 

« « to be taken alphabetically - - - - 62 



INSIDE VIEW OF A LEGISLATIVE HALL 





S33 



ON THE PLAN OP THE HOUSE OF BEPEESBNTATIVBS, TJ. S. 
(124) 



RULES OF THE U. S. SENATE. 



125 



RULES 



CONDUCTING BUSINESS 



SENATE OF THE UNITED STATES. 



Rule 1. The President having taken the chair, and a 
quorum being present, the Journal of the preceding day- 
shall be read, to the end that any mistake may be cor- 
rected that shall be made in the entries. 

R. 2. No member shall speak to another, or otherwise 
interrupt the business of the Senate, or read any news- 
paper, while the Journals or public papers are reading, 
or when any member is speaking in any debate. 

R. 3. Every member, when he speaks, shall address 
the Chair, standing in his place ; and, when he has fin- 
ished, shall sit down. 

R. 4. No member shall speak more than twice, in any 
one debate, on the same day, without leave of the 
Senate. 

R. 5. When two members rise at the same time, the 
President shall name the person to speak ; but in all 
cases the member who shall first rise and address the 
Chair shall speak first. 

R. 6. When a member shall be called to order by the 
President, or a Senator, he shall sit down ; and every 
question of order shall be decided by the President, with- 



O H • 

z m < 

S D H 

fi O S5 

ssa M 

O'-' ai 
t^ b. ^ 
W O 5^ 



r^ == li. « 



Rule 1, 
H. Reps. 



Rule 2, 
H. Reps. 



Rule 30, 
H. Reps. 



Rule 37, 
H. Reps. 



Rule 33, 
H. Reps. 



Rule 35, 
H. Reps. 



128 



RULES OF THE U, S. SENATE. 



Cor. Rule; 
H. Reps. 1 



Rule 36, 
H. Reps. 



Rules 63, 
64, 65, 66, 
H. Reps. 



Rule 43, 
H. Reps. 



Rule 44, 
H. Reps. 



Rule 46, 
H. Reps. 



Rule 53, 
H. Reps. 



out debate, subject to an appeal to the Senate ; and the 
President may call for the sense of the Senate on any 
question of order. 

R. 7. If the member be called to order by a senator 
for words spoken, the exceptionable words shall immedi- 
ately be taken down in writing, that the President may 
be better enabled to judge of the matter. 

R. 8. No member shall absent himself from the service 
of the Senate, without leave of the Senate first obtained. 
And, in case a less number than a quorum of the Senate 
shall convene, they are hereby authorized to send the 
Sergeant-at-arms, or any other person or persons by 
them authorized, for any or all absent members, as the 
majority of such members present shall agree, at the ex- 
pense of such absent members, respectively, unless such 
excuse for non-attendance shall be made as the Senate, 
when a quorum is convened, shall judge sufficient ; and, 
in that case, the expense shall be paid out of the contin- 
gent fund. And this rule shall apply as well to the first 
convention of the Senate at the legal time of meeting, as 
to each day of the session, after the hour has arrived to 
which the Senate stood adjourned. 

R. 9. No motion shall be debated until the same shall 
be seconded. 

R. 10. When a motion shall be made and seconded, it 
shall be reduced to writing, if desired by the President, 
or any member, delivered in at the table, and read, before 
the same shall be debated. 

R. 11. When a question is under debate, no motion 
shall be received but, 1st, to adjourn, 2d, to lie on the 
table, 3d, to postpone indefinitely, 4th, to postpone to a 
day certain, 5th, to commit, or, 6th, to amend ; which 
several motions shall have precedence in the order they 
stand arranged, and the motion for adjournment shall 
always be in order, and be decided without debate. 

R. 12. If the question in debate contains several points, 



RULES OF THE U. S. SENATE. 



12' 



any member may have the same divided : but, on a mo- 
tion to strike out and insert, it shall not be in order to 
move for a division of the question : but the rejection of 
a motion to strike out and insert one proposition shall not 
prevent a motion to strike out and insert a diiferent pro- 
position ; nor prevent a subsequent motion, simply to 
strike out ; nor shall the rejection of a motion simply to 
strike out prevent a subsequent motion to strike out and 
insert. 

R. 1 3. In filling up blanks, the largest sum and longest 
time shall be first put. 

R. 14. When the reading of a paper is called for, and 
the same is objected to by any member, it shall be deter- 
mined by a vote of the Senate, and without debate. 

R. 15. The unfinished business in which the Senate 
was engaged at the last preceding adjournment, shall 
have the preference in the special orders of the day. 

R. 16. When the yeas and nays shall be called for by 
one-fifth of the members present,* each member called 
upon shall, unless for special reason he be excused by 
the Senate, declare openly, and without debate, his assent 
or dissent to the question. In taking the yeas and nays, 
and upon the call of the house, the names of the mem- 
bers shall be taken alphabetically. 

R. 17. When the yeas and nays shall be taken upon 
any question, in pursuance of the above rule, no member 
shall be permitted, under any circumstances whatever, to 
vote after the decision is announced from the Chair. 

R. IS. On a motion made and seconded to shut the 
doors of the Senate, on the discussion of any business 
which may, in the opinion of a member, require secrecy, 
the President shall direct the gallery to be cleared ; and, 
during the discussion of such motion, the doors shall 
remain shut. 



See Art. I., Sec. 5., page 12 Constitution of tiie U. States. 



Cor. Role 
H. Reps. 



Rule 130, 
H. Reps. 



Rule 57, 
H. Reps. 



Rule 58. 
H. Reps. 



Rule 62, 
H. Reps. 



Rules ■ 
41, 42, 
Reps. 



Rule 112, 
H. Reps. 



128 



RULES OF THE V. S. SENATE. 



Cor. Rule 
H. Reps. 
Rule 24, 
H. Reps. 



Rule 56, 
H.Reps 



Rule 12, 
and note, 
H. Reps. 

Rule 4, 
H. Reps. 



Rule 6, 
H. Reps. 



Rule 23, 
H. Reps. 



R. 19. No motion shall be deemed in order, to admit 
any person or persons whatsoever within the doors of the 
Senate chamber to present any petition, memorial, or ad- 
dress, or to hear any such read. 

R. 20. When a question has been once made and car- 
ried in the affirmative or negative, it shall be in order for 
any member of the majority to move for the reconsidera- 
tion thereof: but no motion for the reconsideration of 
any vote shall be in order after a bill, resolution, mes- 
sage, report, amendment, or motion upon which the vote 
was taken, shall have gone out of the possession of the 
Senate, announcing their decision ; nor shall any motion 
for reconsideration be in order, unless made on the same 
day on which the vote was taken, or within the next two 
days of actual session of the Senate thereafter. 

R. 21. When the Senate are equally divided, the Secre- 
tary shall take the decision of the President. 

R. 22. All questions shall be put by the President of 
the Senate, either in the presence or absence of the Presi- 
dent of the United States ; and the senators shall signify 
their assent or dissent, by answering, ay* or no.* 

R. 23. The Vice President, or President of the Senate 
pro tempore, shall have the right to name a member to 
perform the duties of the chair ; but such substitution 
shall not extend beyond an adjournment. 

R. 24. After the Journal is read, the President shall 
first call for petitions, and then for reports from standing 
committees ; and every petition or memorial, or other 
paper, shall be referred, of course, without putting a 
question for that purpose, unless the reference is objected 
to by a member at the time such petition, memorial, or 
other paper, is presented. And before any petition or 
memorial, addressed to the Senate, shall be received and 
read at the table, whether the same shall be introduced 



See Constitution of the U. States, Art. L, Sec. 5, p. 12. 



RULES OF THE U. S. SENATE. 



129 



by the President or a member, a brief statement of the 
contents of the petition or memorial shall verbally be 
made by the introducer. 

R. 25. One day's notice, at least, shall be given of an 
intended motion for leave to bring in a bill ; and all bills 
reported by a committee, shall, after the first reading, be 
printed for the use of the Senate : but no other paper or 
document shall be printed for the use of the Senate, with- 
out special order. 

R. 26. Every bill shall receive three readings previous 
to its being passed ; and the President shall give notice 
at each, whether it be the first, second, or third ; which 
readings shall be on three different days, unless the Sen- 
ate unanimously direct otherwise. And all resolutions 
proposing amendments to the constitution, or to which 
the approbation and signature of the President may be 
requisite, or which may grant money out of the contin- 
gent or any other fund, shall be treated, in all respects, in 
the introduction and form of proceedings on them, in the 
Senate, in a similar manner with bills; and all other 
resolutions shall lie on the table one day for considera- 
tion, and also reports of committees. 

R. 27. No bill shall be committed or amended until it 
shall have been twice read, after which it may be referred 
to a committee. 

R. 28. All bills on a second reading shall first be con- 
sidered by the Senate in the same manner as if the Sen- 
ate were in committee of the whole, before they shall be 
taken up and proceeded on by the Senate agreeably to 
the standing rules, unless otherwise ordered. And when 
the Senate shall consider a treaty, bill, or resolution, as 
in committee of the whole, the Vice President, or Presi- 
dent pro tempore, may call a member to fill the chair, dur- 
ing the time the Senate shall remain in committee of the 
whole : and the chairman so called shall, during such 
time, have the powers of a President pro tempore. 



Cor. Rule 
H. Reps. 



Rule 114, 
H. Reps. 



Rule 115, 
H. Reps. 



Rule 117, 
H. Reps. 



Rule 117, 
H. Reps. 



130 



RULES OF THE U. S. SENATE. 



COR.RULE^ 

11. Reps. I 
Rule 27, 
H. Reps. 



Rule 136, 
H. Reps. 



Rule 123, 
H. Reps. 



Rules C, 
44, 142, H. 
Reps. 



Rule 76, 
H. Reps. 



R. 29. The final question, upon the second reading of 
every bill, resolution, constitutional amendment, or mo- 
tion, originating in the Senate, and requiring three read- 
ings previous to being passed, shall be, "Whether it shall 
be engrossed and read a third time ?" and no amendment 
shall be received for discussion at the third reading of 
any bill, resolution, amendment, or motion, unless by 
unanimous consent of the members present ; but it shall 
at all times be in order, before the final passage of any 
such bill, resolution, constitutional amendment, or motion, 
to move its commitment ; and should such commitment 
take place, and any amendment be reported by the com- 
mittee, the said bill, resolution, constitutional amendment, 
or motion, shall be again read a second time, and con- 
sidered as in committee of the whole, and then the afore- 
said question shall be again put. 

R. 30. The special orders of the day shall not be called 
by the Chair before one o'clock, unless otherwise directed 
by the Senate. 

R. 31. The titles of bills, and such parts thereof only 
as shall be affected by proposed amendments, shall be 
inserted on the Journals. 

R. 32. The proceedings of the Senate, when not acting 
as in committee of the whole, shall be entered on the 
Journal as concisely as possible, care being taken to de- 
tail a true and accurate account of the proceedings ; but 
every vote of the Senate shall be entered on the Journal, 
and a brief statement of the contents of each petition, 
memorial, or paper, presented to the Senate, shall also be 
inserted on the Journal. 

R. 33. The following standing committees, to consist 
of five members each, shall be appointed at the com- 
mencement of each session, with leave to report by bill 
or otherwise : 

A Committee on Foreign Relations. 

A Committee on Pinance. 



RULES OF THE U. S. SENATE. 



131 



A Committee on Commerce. 

A Committee on Manufactures. 

A Committee on Agriculture. 

A Committee on Military Affairs. 

A Committee on the Militia. 

A Committee on Naval Affairs. 

A Committee on Public Lands. 

A Committee on Private Land Claims. 

A Committee on Indian Affairs. 

A Committee of Claims. 

A Committee on Revolutionary Claims. 

A Committee on the Judiciary. 

A Committee on the Post Office and Post Roads. 

A Committee on Roads and Canals. 

A Committee on Pensions. 

A Committee on the District of Columbia. 

A Committee on Patents and the Patent Office. 

A Committee on Retrenchment, to consist of five mem- 
bers, whose duty it shall be to take into consideration the 
expenditures of the government in the several depart- 
ments thereof, and to inquire whether any, and, if any, 
what retrenchment can be made, without injury to the 
public service ; and to report thereupon, together with 
such propositions relative thereto as to them shall seem 
expedient. 

A Committee on Territories, to consist of five mem- 
bers. 

A Committee of three members, whose duty it shall 
be to audit and control the contingent expenses of the 
Senate. 

A Committee on Public Buildings, to consist of three 
members, to act jointly with the same committee of the 
House of Representatives. 

A Committee on Printing, to consist of three members, 
to whom shall be referred every question on the printing 
of documents, reports, or other matter transmitted by 



Cor. Rule 
H. Reps. 



132 



RULES OF THE U. S. SENATE. 



COR.RULE^ 

H. Reps. | 



Rules 7, 
H. Re pi 



Rule 47, 
H. Reps. 



Executive 
business, 
&e. 

Rule 61, 
H- Reps. 



either of the executive departments, and all memorials, 
petitions, accompanying documents, together with all 
other matter, the printing of which shall be moved, ex- 
cepting bills originating in Congress, resolutions offered 
by any senator, communications from the legislatures of 
the respective States, and motions to print by order of the 
standing committees of the Senate ; and it shall be the 
duty of such Committee on Printing to report in every 
case in one day, or sooner, if practicable 

And a committee, consisting of three members, whose 
duty it shall be to examine all bills, amendments, resolu- 
tions, or motions, before they go out of possession of the 
Senate, and shall deliver the same to the Secretary of the 
Senate, who shall enter upon the Journal that the same 
have been correctly engrossed. 

R. 34. In the appointment of the standing committees 
the Senate will proceed by ballot severally to appoint the 
chairman of each committee, and then, by one ballot, the 
other members necessary to complete the same ; and a 
majority of the whole number of votes given shall be ne- 
cessary to the choice of a chairman of a standing com- 
mittee. All other committees shall be appointed by 
ballot, and a plurality of votes shall make a choice. 
When any subject or matter shall have been referred to 
a committee, any other subject or matter of a similar 
nature may, on motion, be referred to such committee. 

R. 35. When motions are made for reference of the 
same subject to a select committee, and to a standing 
committee, the question on reference to the standing com- 
mittee shall be first put. 

R. 36. When nominations shall be made in writing by 
the President of the United States to the Senate, a future 
day shall be assigned, unless the Senate unanimously 
direct otherwise, for taking them into consideration. 
Nominations neither approved nor rejected during the 
session at which they are made, shall not be acted upon 



RULES OF THE U. S. SENATE. 



133 



at any succeeding session without being again made by 
the President. When the President of the United States 
shall meet the Senate in the Senate chamber, the Presi- 
dent of the Senate shall have a chair on the floor, con- 
sidered as the head of the Senate, and his chair shall be 
assigned to the President of the United States. When 
the Senate shall be convened by the President of the 
United States to any other place, the President of the 
Senate and senators shall attend at the place appointed. 
The Secretary of the Senate shall also attend to take the 
minutes of the Senate. 

R. 37. Whenever a treaty shall be laid before the 
Senate for ratification, it shall bje read a first time for in- 
formation only ; when no motion to reject, ratify, or 
modify the whole, or any part, shall be received. Its 
second reading shall be for consideration and on a subse- 
quent day ; when it shall be taken up as in committee of 
the whole, and every one shall be free to move a ques- 
tion on any particular article, in this form : " Will the 
Senate advise and consent to the ratification of this 
article ?" or to propose amendments thereto, either by 
inserting or by leaving out words ; in which last case, 
the question shall be, " Shall these words stand as part 
of the article ?" And in every of the said cases, the con- 
currence of two-thirds of the senators present shall be 
requisite to decide affirmatively. And when through the 
whole, the proceedings shall be stated to the house, and 
questions shall be again severally put thereon for con- 
firmation, or new ones proposed, requiring, in like man- 
ner, a concurrence of two-thirds, for whatever is retained 
or inserted ; the votes so confirmed shall, by the house, 
or a committee thereof, be reduced into the form of a 
ratification, with or without modifications, as may have 
been decided, and shall be proposed on a subsequent day, 
when every one shall again be free to move amendments, 
either by inserting or leaving out words ; in which last 



'Cor. Rule 
I H. Repss. 



Soe Const. 
U. S., Art. 
n., Sec. -2, 
page 28. 



134 



RULES OF THE U. S. SENATE. 



Cor. RuLEi 
H. Reps. I 



Rule 112, 
lI.Reps. 



Rule 112, 
H. Reps. 



Rule 112, 
H. Reps. 



Rule 142, 
H Reps. 



Cons. U S. 
Art. II., 
Sec. 3. 



case, the question shall be, " Shall these words stand as 
part of the resolution ?" And, in both cases, the concur- 
rence of two-thirds shall be requisite to carry the affirma- 
tive, as well as, on the final question, to advise and con- 
sent to the ratification in the form agreed to. 

R. 38. All confidential communications, made by the 
President of the United States to the Senate, shall be by 
the members thereof kept secret ; and all treaties which 
may be laid before the Senate shall also be kept secret 
until the Senate shall, by their resolution, take off the 
injunction of secrecy. 

R. 39. All information or remarks, touching or con- 
cerning the character or qualifications of any person 
nominated by the President to office, shall be kept secret. 

R. 40. When acting on confidential or executive busi- 
ness, the Senate shall be cleared of all persons, except the 
Secretary, the principal or the executive Clerk, the Ser- 
geant-at-arms and Doorkeeper, and the Assistant Door- 
keeper. 

R. 41. The legislative proceedings, the executive pro- 
ceedings, and the confidential legislative proceedings of 
the Senate, shall be kept in separate and, distinct books.* 

R. 42. The President of the United States sh^all, from 
time to time, be furnished with an authenticated transcript 
of the executive records of the Senate ; and all nomina- 
tions approved, or definitively acted on by the Senate, 
shall be returned by the Secretary, from day to day, as 
such proceedings may occur ; but no further extract from 
the executive Journal shall be furnished, except by spe- 
cial order ; and no paper, except original treaties trans- 
mitted to the Senate by the President of the United 
States, or any executive officer, shall be returned or de- 
livered from the office of the Secretary, without an order 
of the Senate for that purpose. 

* See Constitution of the U. States, Art. L, Sec. 5, p. 12. 



RULES OF THE U. S. SENATE. 



135 



R. 43. When an amendment to be proposed to the 
Constitution is under consideration, the concurrence of 
two-thirds of the members present shall not be requisite 
to decide any question for amendments, or extending to 
the merits, being short of the final question. 

R. 44. When any question may have been decided by 
the Senate, in which two-thirds of the members present 
are necessary to carry the affirmative, any member who 
votes on that side which prevailed in the question, may 
be at liberty to move for a reconsideration ; and a motion 
for reconsideration shall be decided by a majority of 
votes. 

R. 45. Messages shall be sent to the House of Repre- 
sentatives by the Secretary j who shall previously endorse 
the final determination of the Senate thereon. 

R. 46. Messengers are introduced in any state of busi- 
ness, except while a question is putting, while the yeas 
and nays are calling, or while the ballots are counting. 

R. 47. The following persons, and none others, shall 
be admitted on the floor of the Senate : members of the 
House of Representatives, and their Clerk ; the Secretary 
of State, the Secretary of the Treasury, the Secretary of 
War, the Secretary of the Navy, the Attorney General, 
and the Postmaster General ; the private Secretary of the 
President, chaplains to Congress, judges of the United 
States, foreign ministers, and their secretaries; officers 
who, by name, have received, or shall hereafter receive, 
the thanks of Congress for their gallantry and good con- 
duct in the service of their country, or who have received 
medals by a vote of Congress ; the governor for the time 
being of any State or Territory of the Union ; the ex- 
governors of the several States; the ex-officers of the 
Senate ; such gentlemen as have been heads of depart- 
ments, or members of either branch of Congress ; persons 
who, for the time being, belong to the respective State 
and Territorial legislatures; and persons belonging to 



Cor. Rule 
H. Reps. 

Cons. U. S. 
Art. v., 
Sec. 1. 



Rule 56, 
H. Reps. 



Joint R. 4. 



Rule 27, 
H. Reps. 



Rule 17, 
H. Reps. 



136 



RULES OF THE U. S. SENATE. 



Cor. Rule 
H. Reps. 



Rule 6, 
H. Reps 



Rule 152, 
H. Reps. 



Cons. U. S. 
Art. I., 
Sec. 5. 



such legislatures of foreign governments as are in amity 
with the United States. 

R. 48. The presiding officer of the Senate shall have 
the regulation of such parts of the Capitol and of its pas- 
sages as are or may be set apart for the use of the Senate 
and its officers. 

R. 49. Whenever a claim is presented to the Senate 
and referred to a committee, and the committee report 
that the claim ought not to be allowed, and the report be 
adopted by the Senate, it shall not be in order to move to 
take the papers from the files for the purpose of referring 
them at a subsequent session, unless the claimants shall 
present a memorial for that purpose, stating in what 
manner the committee have erred in their report, or that 
new evidence has been discovered since the report, and 
setting forth' the new evidence in the memorial : Pro- 
vided^ That this rule shall not extend to any case where 
an adverse report, not in writing, shall have been made 
prior to the 25th of January, 1842. 

R. 50. Any officer or member of the Senate convicted 
of disclosing for publication any written or printed matter 
directed by the Senate to be held in confidence shall be 
liable, if an officer, to dismissal from the service of the 
Senate, and, in the case of a member, to sufier expulsion 
from the body. 



INDEX TO THE RULES OF THE U. S. SENATE. 



137 



INDEX 



THE RULES OF THE SENATE 



THE UNITED STATES. 



Absence, from the Senate, not allowed without leave- - . - 
" without leave, in cases of, the Sergeant-at-arms may be sent 

Adjournment, motion for, has precedence 

Admission on the floor, the persons entitled to 

Amendments to a resolution to amend the Constitution, carried by a 

majority 

Appeal allowed from the decision of the President - - - - 



Rule 

8 

8 

11 

47 

43 
6 



B. 

Bills may be introduced upon one day's notice - - - - 25 

« shall be read twice before amendment or reference - - - 27 

•< reported, shall be printed 25 

" shall receive three readings on different days - - - - 26 

" on second reading, considered as in committee of the whole - 28 

" proceedings on, at different stages - - - - - - 29 

« titles of, only, and parts affected by amendments, inserted on the 

Journal 31 

" engrossed, how examined, reported, and entered - - - 33 

" joint rule relative to printing of 18 

Blanks, in filling, what motions have preference - - - - 13 
Business, unfinished, has preference - - - - - -15 



138 



INDEX TO THE RULES OF THE U. S. SENATE. 



c. 



Chair to be addressed 

Character of persons nominated to be kept secret - 
Claims, effect of decisions upon . - . . - 
Commit, motion to, in order at any time before final passage 

Committees, standing 

" how appointed -.--.- 

" reports from standing, when received - 



Rule 
3 
39 
49 
29 
33 
34 
24 



reports of, to lie one day ------ 26 



Communications, confidential to be kept secret - - 

Confidence, respecting violations of ------ 

Consent, bills may be read three times in one day, by unanimous 

" nominations may be considered on the day received, by unani- 
mous 

Constitution, what majority requisite to amend a resolution proposing 
amendments to the ------ 

Conversation among the members, not allowed during the debate, or 
while papers are reading 



D. 



Debate, no member to speak more than twice, in one day, in the same, 
without leave 

" not allowed on a call to order - - - 

« prohibited on a motion to adjourn 

" not allowed on a call for reading papers 

" not allowed in taking yeas and nays - 
Documents, to be printed only by special order 



E. 



Executive record, extracts from, prohibited - 
Executive proceedings to be kept in separate books 
Expulsion, a cause for. 



Floor of Senate, the persons entitled to admission on the 



G. 



Galleries, when they shall be cleared 



47 



18 



INDEX TO THE RULES OF THE U. S. SENATE. 



139 



J. 



Rule 
1 



Journal, to be read on a quorum assembling - - - - 

" to contain the titles only of bills, and the parts affected by 

proposed amendments ' - - - - - -31 

" every vote to be entered on ----•?- 32 

" a brief statement of every memorial, petition, and paper, to 

be entered on 32 

« to be as concise as possible, vchen acting as in committee of 

the whole - - - 32 

" engrossed bills to be entered on 32 



L. 

Leave to bring in a bill, one day's notice of motion for required - 



25 



M. 

Me^ibeks, prohibited from speaking to each other during debate - - 2 
" present, not a quorum, empowered to send for absent mem- 
bers .-.-.-----8 

" shall express assent or dissent by ay or no - - - 22 

Member, when he speaks, shall address the chair - ... 3 

'« after speaking shall sit down 3 

" shall speak but twice the same day, in one debate, without 

leave 4 

" first rising and addressing the chair, shall speak first - - 6 

" called to order by the President or senator, shall sit down - 6 
" words of, shall be taken down, when called to order by a 

senator ......... 'j 

" shall not absent himself without leave .... 8 

" any, may desire a motion to be reduced to writing - - 10 

" may have a question divided, if susceptible of division - - 12 

" required to vote when yeas and nays are called - - - 16 

" not allowed to vote after decision is announced - - - 17 

Mexorial or PETiTioif, contcnts of, shall be stated before received 

and read 24 

" " when received 24 

" " how referred 24 

" " contents of, to be entered on the Journal - 32 

Messengers, when introduced 46 

Motion, not to be debated until seconded 9 

" made and seconded, shall, if desired, be reduced to writing - 10 

" to be read before debated 10 



140 



INDEX TO THE RULES OF THE U. S. SENATE. 



Rule 
Motion, to adjourn has preference -- - - - - -11 

" to adjourn, to be decided without debate - - - - 11 

" privileged, what shall be, when a subject is under debate - 11 

" privileged in filling blanks 13 

" privileged, in reference to select or standing committees - 35 

" to close the galleries, shall be discussed confidentially - - 18 
" to admit persons for the purpose of presenting memorial, not 

in order .--.---_. 19 
« to reconsider, when and by whom may be made - - - 44 

N. 

Newspapers, not to be read while a member is speaking - - - 2 
Nominations not to be considered on the day received, unless by con- 
sent .-_---. --36 
" not finally acted on during the session, to fall - - 36 

Notice of one day required of an intended motion for leave to bring in 

abiil - - - - - - - - - - 25 

O. 

Officer of the Senate, for what liable to dismissal - - - 50 

Orders of the day, special, not called before one o'clock - - - 30 

" of the day, special, unfinished business has preference in - 15 

Order, interruption of 2 

" upon a call to, the member shall sit down - - . . 6 
« questions of, to be decided without debate - ... 6 
" appeals on questions of, may be made from the President's de- 
cision ----..----6 
« on questions of, the President may require the sense of the 

Senate --6 

« upon a call to, by a senator, for words spoken, the exceptionable 

words shall be taken down - - - - - - 7 



Papers and Documents not to be printed without special order - 

Persons not admitted to present a memorial, &c. . - - 

" entitled to admission on floor, the . - - . 

Petition, before received, contents of, to be stated - - - 

" when received --..--- 

" how referred -------- 

« contents of those presented to be entered on the Journal 



INDEX TO THE RULES OF THE U. S. SENATE. 



141 



Rule 

Pkesidzxt to be first addressed by the speaker 3 

« to decide when two or more rise at the same time to speak 5 

" to decide questions of order 6 

" may call for the sense of the Senate on a question of 

order 6 

" may desire a motion to be reduced to writing - - - 10 

" to decide on an equal division 21 

" decision of, on an equal division, to be taken by the Secre- 
tary 21 

" shall put all questions - - - -- - -22 

" may, for a limited time, name a member to perform the 

duties of the Chair 

" may appoint a chairman, while the Senate are acting as in 
committee of the whole - - ^ - - - 
" to give notice of the several readings of bills . - - 
" to have the regulation of the parts of the Capitol appropri- 
ated to the Senate -.---.. 
" to be assigned the President's chair when attending the de- 
liberations of the Senate 

Presiding officer of the Senate to have the regulation of certain 

parts of the Capitol . . . . - 

Pritiiege of admission to the floor, persons entitled to - - - 



Q. 

Question under debate, when, and by what motions superseded - 

" may be divided 

" final, on second reading ------- 

" to be decided, ay or no - 

" to be put by the President of the Senate - - - - 

" on amending the Constitution, short of the main question, 

to be determined by a majority - - - . _ 

QuoRux, proceedings when a less number shall have assembled - 



R. 



Reading newspapers prohibited while the Journals or public papers 
are reading or a member speaking 
« of a paper called for, and objected to, to be decided by the 

Senate 

Reconsideration, motion for, may be made by one of the majority 
or by a member of the side that prevailed 



23 



28 
26 



48 



36 



48 
47 



11 

12 
29 
22 

22 

43 
8 



14 
20 
44 



142 



INDEX TO THE RULES OF THE U. S. SENATE. 



Rule 
RECoiirsiDERATioif, motion for, must be made within two days after 

vote - - - -' - - . - 20 
" motion for, must be made before the subject-matter 

is out of possession of Senate - - - - 20 
" of a question requiring the affirmative vote of two- 
thirds, to be determined by a majority - - 44 
Record, executive, extracts from, prohibited - - - - - 42 

Reference of petitions, &c., how made 24 

Reports of standing committees, when received - - - - 24 
" of committees, to lie one day ..-.-- 26 
Resolutions, requiring approbation of the President to amend Consti- 
tution, and grant money, to be treated as bills - - 26 

« other, to lie one day 26 

" on third reading, amended only by consent - - - 29 
« engrossed, recommitted, and reported, to be again read a 

second time --------29 



S. 



Secrecy enjoined on confidential communications - - . - - 38 
« enjoined on remarks on persons nominated - - - - 39 

" enjoined on treaties -.-38 

Secretary to endorse bills passed, &c. ...--- 45 
" to take the decision of the Vice President when the Senate 

is equally divided - 21 

« to receive from committee, and enter engrossed bills - - 33 
« to furnish the President with transcripts of executive Jour- 
nal 42 

« to attend and take minutes when Senate is convened to any 

other place ^.. 36 

" to make returns on nominations, from day to day - - 42 
" to return or deliver no paper, except original treaties, with- 
out order of Senate 42 

" to furnish no extract from executive Journal without spe- 
cial order -42 

" to convey messages to House of Representatives - - 45 

Senate, proceedings of, when a number less than a quorum shall have 

assembled .-8 

" proceedings of, in quasi committee, to be entered concisely - 32 
" ceremonial proceedings when met by the President of the 
United States at any other place than the Senate Cham- 
ber 36 



INDEX TO THE RULES OF THE U. S. SEXATE. 



143 



Sexate, relating to the executive proceedings of 



■ -1 



« who shall be admitted when engaged in executive or confi- 
dential business .--..-.- 

« the proceedings of, to be recorded separately . . - 

" transcripts and extracts from executive records, in what cases 
furnished - 

" votes of, to be entered on Journal . _ - - . 

" contents of memorials and petitions presented to, to be entered 
on the Journal 

" shall be cleared of all persons except their officers, when act- 
ing on executive business - 

« executive proceedings of, to be recorded separately from the 
legislative -..--.... 
Speaking, among the members, prohibited during debate - - - 
" more than twice in one day, on the same subject, pro- 
hibited i . . 



T. 



Rule 
36 
37 
38 
39 
40 

40 
41 

42 
32 

32 

40 

41 

2 



Tl3IE, LONGEST, first pUt - - - - - - - - -13 

Treaties, proceedings on -- - 37 

« to be kept secret, until injunction be removed - - - 38 

U. 

Unfinished business, has preference in special orders - - - 15 



V. 



Vice President, or President pro tempore, may appoint a chair- 
man 23 

Vote, every, to be entered on the journal - 32 

" no member allowed to, after decision is announced - - - 17 



W. 



Words, exceptionable, shall be taken down, when a call to order is 
made by a senator 



144 



INDEX TO THE RULES OF THE U. S. SENATE. 



Y. 

Rule 

Yeas and Nats, to be called alphabetically ----- 16 

« " may be required by one-fifth - - - - - 1 6 

" »< to be taken without debate - - - - - 16 

« " after being taken, no member allowed to enter his 

vote - -17 



JEFFERSON'S MANUAL, 



CONTAINING THE 



EULES OF PARLIAMENTARY PRACTICE, 



EXPLANATORY NOTES, 



A TRANSLATION OF FOREIGN PHRASES, 



WITH 



MARGES-AL REFERENCES TO THE RULES OF THE TWO HOUSES OF CONGRESS, WHICH HATE 
DERIVED THEREFROM, 



WITH 



AN INDEX. 





AUTHOR OF THE DECLARATION OE INDEPENDENCE AND OF JEFFERSON'S 
MANUAL. 



(146) 



A MANUAL 



PARLIAMENTARY PRACTICE 

BY THOMAS JEFFERSON. 
IMPORTANCE OF RULES. 

SECTION I. 

THE IMPORTANCE OF ADHERING TO RULES. 

Mr. Onslow, the ablest among the Speakers of the House of Com- 
mons, used to say, ' It was a maxim he had often heard when he was 
a young man, from okl and experienced members, that nothing tended 
more to throw power into the hands of administration, and those who 
acted with the majority of the House of Commons, than a neglect of, 
or departure from, the rules of proceeding : that these forms, as insti- 
tuted by our ancestors, operated as a check and control on the actions 
of the majority, and that they were, in many instances, a shelter and 
protection to the minority against the attempts of power.' So far the 
maxim is certainly true, and is founded in good sense, that as it is 
always in the power of the majority, by their numbers, to stop any 
improper measures proposed on the part of their opponents, the only 
weapons by which the minority can defend themselves against similar 
attempts from those in power, are the forms and rules of proceeding, 
which have been adopted, as they were found necessary, from time to 
time, and are become the law of the House ; by a strict adherence to 
which, the weaker party can only be protected from those irregularities 
and abuses which these forms were intended to check, and which the 
Avautonness of power is but too often apt to suggest to large and suc- 
cessful majorities. [2 Hats. 171, 172. ] 

* This ^lanual was compiled more than half a century ago by Ex-President Jefferson. 
Its Parliamentary rules are received as authority, when they do not conflict with those 
of Congress. See Rule 139, House Representatives, page 134. 



148 



PRIVILEGE. 



Const. U. 
S. sec. 6, p. 
13. 



And whether these forms be in all cases the most rational or not, is 
really not of so great importance. It is much more material that 
there should be a rule to go hj, than what that rule is ; that there may- 
be an uniformity of proceeding in business, not subject to the caprice 
of the Speaker, or captiousness of the members. It is very material 
that order, decency, and regularity be preserved in a dignified nublic 
body. [ 2 Hats. 149. ] 



SECTION II. 



PEIVILEGE. 

The privileges of the members of Parliament, from small and obscure 
beginnings, have been advancing for centuries with a firm and never 
yielding pace. Claims seem to have been brought forward from time 
to time, and repeated, till some example of their admission enabled 
them to build law on that example. We can only, therefore, state the 
point of progression at which they now are. It is now acknowledged, 
1st. That they are at all times exempted from question elsewhere for 
anything said in their own house ; that during the time of privilege, 
2d, Neither a member himself, his wife, [ Ord. of the H. of Com. 
1663, July 16, ] or his servants, for any matter of their own, may be 
[Elsynge217. 1 Hats. 21, 1 Grey's deb. 133, ] arrested, on mense pro- 
cess,* in any civil suit. 3d, Nor be detained under execution, though 
levied before time of privilege. 4th, Nor impleaded, cited, or sub- 
poenaed in any court, 5th, Nor summoned as a witness or juror. 
6th, Nor may their lands or goods be distrained. 7th, Noi;. their per- 
sons assaulted, or characters traduced. And the period of time, 
covered by privilege, before and after the session, with the practice of 
short prorogations under the connivance of the crown, amounts in fact 
to a perpetual protection against the course of justice. In one instance, 
indeed, it has been relaxed by the 10 C 3. c. 50, which permits judiciary 
proceedings to go on against them. That these privileges must be con- 
tinually progressive seems to result from their rejecting all definition 
of them ; the doctrine being that ' their dignity and independence are 
preserved by keeping their privileges indefinite ;' and that ' the maxims 
upon which they proceed, together with the method of proceeding, rest 
entirely in their own breast, and are not defined and ascertained by 
any particular stated laws.' [ 1 Blackst. 163, 164. ] 

While privilege was understood in England to extend, as it does here, 
only to exemption from arrest eundo, morando, et reuendo,f the House 
of Commons themselves decided that ' a convenient time was to be 
understood.' (1580.) [ 1 Hats. 99, 100. ] Nor is the law so strict in 



* And compelled to give bail. 

t For the necessary time of going to, remaining at, and returning from, 



PRIVILEGE. 



149 



point of time as to require the party to set out immediately on his 
return, but allows him time to settle his private aflfairs and to prepare 
for his journey ; and does not even scan his road very nicely, nor forfeit 
his protection for a little deviatifii from that which is most direct ; 
some necessity, perhaps, constraining him to it. [ 2 Stra. 986, 987. ] 

This privilege from arrest, privileges of course against all process the 
disobedience to which is punishable by an attachment of the person ; 
as a subpoena ad respondendum, or testificandum,* or a summons on a 
jury, and with reason ; because a member has superior duties to per- 
form in another place. 

Privilege from arrest takes place by force of the election ; and before 
a return be made, a member elected may be named of a committee, 
and is to every intent a member, except that he cannot vote until he is 
sworn. [ Memor. 107, 108. Dewes, 642, col. 2, 643, col. 1. Pet. miscel. 
pari. 119. Lex. Pari. c. 23. 2 Hats. 22, 62. ] 

Every man must, at his peril, take notice who are members of either 
house returned of record. [ Lex, Pari. 23, 4. inst. 24. ] 

On complaint of a breach of privilege, the party may either be sum- 
moned, or sent for in custody of the serjeant. [ 1 Grey, 88, 95. ] 

The privilege of a member is the privilege of the House. If the 
member waive it without leave, it is a ground for punishing him, but 
cannot in eflfect waive the privilege of the House. [ 3 Grey, 140, 222. ] 
For any speech or debate in either house, they shall not be 
questioned in any other place. [ S. P. Protest of the Commons 
to James I. 1621. 2 Rapin, No. 54, pp. 211, 212. ] But this is restrained 
to things done in the House in a parliamentary coui'se. [ 1 Rush. 663. ] 
For he is not to have privilege contra morem parliamentarium, f to 
exceed the bounds and limits of his place and duty. [ Com. p. ] 

If an offence be committed by a member in the House, of which the 
House has cognizance, it is an infringement of their right for any per- 
son or court to take notice of it, till the House has punished the 
offender, or referred him to a due course. [ Lex. Pari. 63. ] 

Privilege is in the power of the House, and is a restraint to the pro- 
ceeding of inferior courts ; but not of the House itself. [ 2 Nalson, 
450. 2 Grey, 399. ] For whatever is spoken in the House is subject to 
the censure of the House ; and offences of this kind have been severely 
punished by calling the person to the bar to make submission, commit- 
ting him to the tower, expelling the House, &c. [ Scob. 72. L. Pari, 
c. 22.] 

It is a breach of order for the Speaker to refuse to put a question 
which is in order. [ 2 Hats. 175, 6. 5 Grey, 133. "] 

And even in cases of treason, felony, and breach of the peace, to 
which privilege does not extend as to substance, yet in Parliament a 
member is privileged as to the mode of proceeding. The case is first 
to be laid before the House, that it may judge of the fact, and of the 
grounds of the accusation, and how far forth the manner of the trial 
may concern their privilege. Otherwise it would be in the power of 
other branches of the government, and even of every private man, under 
pretences of treason, &c., to take any man from his service in the 
House, and so as many, one after another, as would make the House 
what he pleaseth. [ Dec. of the Com. on the King's declaring Sii' John 
Hotham a traitor. 4 Rushw. 586. ] So when a member stood indicted 



* A summons for answering or testifying. 



t Contrary to Parliamentary custom. 



Const. U. 
S. Art. 1, 
Sec. 6, p 
13. 



Const. U. 
S. Sec. 6. 
p. 13. 



150 



QUORUM. 



C!onst.U, 
S. Art. 1. 
Sec. 5. 



of felony, it was adjudged that he ought to remain of the House till 
conviction. For it may be any man's case, who is guiltless, to be 
accused and indicted of felony, or the like crime. [23 El. 1580. 
D'Ewes. 283, col. 1. Lex. Pari. 133»] 

When it is found necessary for the public service to put a member 
under arrest, or when, on any public inquiry, matter comes out which 
may lead to affect the person of a member, it is the practice immedi- 
a,tely to acquaint the House that they may know the reasons for such 
a proceeding, and take such steps as they think proper. [ 2 Hats. 259. ] 
Of which see many examples. [ lb. 256, 257, 258. ] But the com- 
munication is subsequent to the arrest. [ 1 Blackst. 167. ] 

It is highly expedient, says Hatsell, for the due preservation of the 
privileges of the separate branches of the legislatui'e, that neither 
should encroach on the other, or interfere in any matter depending be- 
fore them, so as to preclude, or even influence that freedom of debate, 
which is essential to a free council. They are, therefore, not to take 
notice of any bills or other matters depending, or of votes that have 
been given, or of speeches which have been held, by the members of 
either of the other branches of the legislature, until the same have been 
communicated to them in the usual parliamentary manner. [ 2 Hats. 
252. 4 Inst. 15. Seld. Jud. 53. ] Thus the king's taking notice of the 
biU for suppressing soldiers depending before the House ; his proposing 
a provisional clause for a bill before it was presented to him by the two 
Houses ; his expressing displeasure against some persons for matters 
moved in Parliament during the debate and preparation of a bill, were 
breaches of privilege; [2 Nalson, 743, ] and in 1783, December 17, it 
was declared a breach of fundamental privileges, &c., to' report any 
opinion, or pretended opinion of the king, on any bill or proceeding 
depending in either House of Parliament, with a view to influence the 
votes of the members. [ 2 Hats. 251, 6. ] 



SECTION III. 



QUOKUM. 



In general, the chair is not to be taken till a quorum for business is 
present; unless, after due waiting, such a quorum be despaired of, 
when the chair may be taken, and the House adjoui-ned. And when- 
ever, duiing business, it is observed that a quorum is not present, any 
member may call for the House to be coTinted, and being found deficient, 
business is suspended. [ 2 Hats. 125, 126. ] 



CALL OF THE HOUSE. — SPEAKER. 



151 



SECTION lY, 



CALL OF THE HOUSE. 

On a call of the House, each person rises up as he is called and 
answereth ; the absentees are then only noted, but no exctise to be made 
till the House be fully called over. Then the absentees are called a 
second time, and if still absent excuses are to be heard. [ Ord, H. 
Com. 92. ] 

They rise that their persons may be recognized ; the voice in such a 
crowd, being an insufficient verification of their presence. But in so 
small a body as the Senate of the United States the trouble of rising 
cannot be necessar-y. 

Orders for calls on different days may subsist at the same time. 
f 2 Hats. 72. ] 



SECTION V. 



SPEAKER. 

When but one person is proposed, and no objection made, it has not 
been usual in Parliament to put any question to the House ; but without 
a question, the members proposing him, conduct him to the chair. 
But if there be objection, or another proposed, a question is put by the 
Clerk. [ 2 Hats. 158. ] As are also questions of adjournment. 
[6 Grey, 406.] Where the House debated and exchanged messages 
and answers with the king for a week, without a Speaker, till they 
were prorogued, they have done it dedie in diem* for fourteen days. 
[ 1 Chand. 331, 335. ] 

Where the Speaker has been ill, other Speakers, pro tempore, have 
been appointed. Instances of this are 1 H. 4. Sir John Cheyney, 
and so Sir William Sturton, and in 15 H. 6. Sir John Tyrrel, in 1656. 
Jan. 27, 1658. March 9, 1659. Jan. 13. 

Sir Job Charlton ill. Seymoiu' chosen 1673, Feb. 18.1 not merely pro 

Seymour being ill, Sir Robt. Sawyer chosen, 1678, , r-, ni. j 

Aprill5. O' ' ' j^ temp. [1 Chand. 

Sawyer being ill, Seymour chosen. J 169, 276, 277. ] 

Thorpe in execution, a new Speaker chosen, [ 31 H. VI. 3 Grey, 11, ] 

and March 14, 1694, Sir John Trevor chosen. There have been no later 

instances. 2 Hats. 161. 4 Inst. 8 L. Pari. 263. 

A Speakerf may be removed at the will of the House, and a Speaker 

pro temporef appointed. [ 2 Grey, 186. 5 Grey, 134. ] 



* From day to day. 



t For the occasion. 



Re. 62, 63, 
H. Reps, 
p. 85. 



Cons. U. 
S. Art. 1, 
Sec. 2. p. 8. 
and Sec. 3, 
page 9. 



152 



ADDRESS. — COMMITTEES. 



Joint Re. 
11, p. 109. 



Rule 76. 
H. Rep. p. 
87. Also 
Re. 8, p. 



Rules 33, 
34,35,U. 
Sen. 



Rule. Ho. 
Rep. 108, 
page 97. 



SECTION VI. 



ADDKES S. 

A JOINT address of both Houses of Parliament is read by the Speaker 
of the House of Lords. It may be attended by both Houses in a body, 
or by a Committee from each House, or by the two Speakers only. 
An address of the House of Commons only, may be presented bv the 
whole House, or by the Speaker, [ 9 Grey, 473. 1 Chandler, 298, 301, ] 
or by such particular members as are of the Privy Council. [2 Hats. 278.] 



SECTION VII. 



COMMITTEES, 

Standing Committees, as of Privileges and Elections, &c., are usually 
appointed at the first meeting, to continue through the session. The 
person first named is generally permitted to act as Chairman. But 
this is a matter of courtesy ; every Committee having a right to elect 
their own Chairman, who presides over them, puts questions, and 
reports their proceedings to the House. [4 Inst. 11, 12. Scob. 9. 
1 Grey, 122. ] 

At these Committees the members are to speak standing, and not 
sitting; though there is reason to conjecture it was formerly otherwise. 
[ D'Ewes, 630, col. 1. 4 Pari. hist. 440. 2 Hats. 77. ] 

Their proceedings are not to be published, as they are of no force 
till confirmed by the House. [ Rushw. part 3, vol. 2. 74. 3 Grey, 401. 
Scob. 39. ] Nor can they receive a petition but through the House. 
£ 9 Grey, 412. ] 

When a Committee is charged with an inquiry, if a member prove to 
be involved, they cannot proceed against him, but must make a special 
report to the House, whereupon the member is heard in his place, or 
at the bar, or a special authority is given to the Committee to inquire 
concerning him. [ 9 Grey, 523. ] 

So soon as the House sits, and a Committee is notified of it, the 
Chairman is in duty bound to rise instantly, and the members to attend 
the service of the House. [ 2 Nals. 319. ] 

It appears that on Joint Committees of the Lords and Commons, 
each Committee acted integrally in the following instances : [ 7 Grey, 
261, 278, 285, 338. 1 Chandler, 357, 462. ] In the foUowing instances 
it does not appear whether they did or not: [ 6 Grey, 129. 7 Grey, 213, 
229, 321. ] 



COMMITTEE OF THE WHOLE. 



153 



SECTION yiii. 



COMMITTEE OF THE WHOLE. 



The speeches, messages, and other matters of great concernment, are 
usually referred to a Committee of the whole House. [ 6 Grey, 311. ] 
Where general principles are digested in the form of resolutions, which 
are debated and amended till they get into a shape which meets the 
approbation of a majority. These being reported and confirmed by the 
House, are then referred to one or more Select Committees, according 
as the subject divides itself into one or more bills. [ Scob. 36, 44. ] 
Propositions for any charge on the people are especially to be first 
made in a Committee of the Whole. [ 3 Hats. 127. ] The sense of the 
whole is better taken in Committee, because in all Committees every 
one speaks as often as he pleases. [ Scob. 49. ] They generally 
acquiesce in the Chairman named by the Speaker ; but, as well as all 
other Committees, have a right to elect one, some member, by consent, 
putting the question. [ Scob. 36. 3 Grey, 301. ] The form of going 
from the House into Committee, is for the Speaker, on motion, to put 
the question, that the House do now resolve itself into a Committee of 
the Whole to take under consideration such a matter, naming it. If 
determined in the affirmative, he leaves the chair, and takes a seat 
elsewhere, as any other member ; and the person appointed Chairman 
seats himself at the Clerk's table. [ Scob. 36. ] Their quorum is the 
same as that of the House ; and if a defect happens, the Chairman, on 
amotion and question, rises, the Speaker resumes the chair, and the 
Chairman can make no other report than to inform the House of the 
cause of their dissolution. If a message is announced during a Com- 
mittee, the Speaker takes the chair, and receives it, because the Com- 
mittee cannot. [ 2 Hats. 125, 126. ] 

In a Committee of the Whole, the tellers on a division, diJffering as to 
the numbers, great heats and confusion arose, and danger of a decision 
by the sword. The Speaker took the chair, the mace was forcibly laid 
on the table, whereupon, the members retiring to their places, the 
Speaker told the House ' he had taken the chair without an order, to 
bring the House into order.' Some excepted against it ; but it was 
generally approved as the only expedient to suppress the disorder. 
And every member was required, standing up in his place, to engage 
that he would proceed no further in consequence of what had hap- 
pened in the Grand Committee, which was done. [ 3 Grey, 128. ] 

A Committee of the Whole being broken up in disorder, and the 
chair resumed by the Speaker without an order, the House was ad- 
jommed. The next day the Committee was considered as thereby dis- 
solved, and the subject again before the House; and it was decided in 
the House without returning into Committee. [3 Grey, 130. ] 

No previous question can be put in a Committee ; nor can this Com- 
mittee adjourn as others may; but if their business is unfinished, they 
rise, on a question, the House is resumed, and the Chairman reports 
that the Committee of the Whole have, according to order, had under 
their consideration such a matter, and have made progress therein ; 



Re. 131, 
132, & 133, 
H.Repres. 
pages 102, 
103. 



Re. 125, 
H. Repres. 
p. 101. 



Re. 126, 
p. 101. 



154 



EXAMINATION OP WITNESSES. 



Re. 136 
& 137, H. 
Repres. p, 
103 & 104. 



Re. 134. 
H. Repres. 
p. 103. 



Re. 141, 
H. Repres. 
p. 105. 



but not having had time to go through the same, have directed him to 
ask leave to sit again. Whereupon a question is put on their having 
leave, and on the time when the House will again resolve itself into a 
Committee. [ Scob. 38. ] But if they have gone through the matter 
referred to them, a member moves that the Committee may rise, and 
the Chairman report their proceeding, to the House; which being 
resolved, the Chairman rises, the Speaker resumes the chair, the 
Chairman informs him that the Committee have gone through the busi- 
ness referred to them, and that he is ready to make report when the 
House shall think proper to receive it. If the House have time to re- 
ceive it, there is usually a cry of ' Now, now,' whereupon he makes the 
report ; but if it be late, the cry is ' To-morrow, to-morrow,' or ' on 
Monday,' &c., or a motion is made to that eifect, and a question put 
that it be received to-morrow, &c. [ Scob. 38. ] 

In other things the rules of proceeding are to be the same as in the 
House. [ Scob. 39. ] 



SECTION IX. 



EXAMINATION OF WITNESSES. 



Common fame is a good ground for the House to proceed by inquiry, 
and even to accusation. [ Resolution House Commons. 1 Car. 1, 
1625. Rush. L. Pari. 115. 1 Grey, 16—22, 92. 8 Grey, 21, 23, 
27, 45. ] 

Witnesses are not to be produced but where the House has previously 
instituted an inquiry, [2 Hats. 102, ] nor then are orders for their 
attendance given blank. [ 3 Grey, 51. ] 

When any person is examined before a Committee, or at the bar of 
the House, any member wishing to ask the person a question, must 
address it to the Speaker or Chairman, who repeats the question to the 
person, or says to him, 'you hear the question, answer it.' But if the 
propriety of the question be objected to, the Speaker directs the witness, 
counsel, and parties to withdraw ; for no question can be moved or put, 
or debated while they are there. [ 2 Hats. 108. ] Sometimes the 
questions are previously settled in writing before the witness enters. 
[ lb. 106, 107. 8 Grey, 64. ] The questions asked must be entered 
in the Journals. [3 Grey, 81.] But the testimony given in answer 
before the House is never written down ; but before a Committee it 
must be, for the information of the House who are not present to hear 
it. [ 7 Grey, 52, 334. ] 

If either House have occasion for the presence of a person in custody 
of the other, they ask the other their leave that he may be brought up 
to them in custody. [ 3 Hats. 52. ] 



ARRANGEMENT OF BUSINESS. — ORDER. 



155 



A member, in his place, gives information to the House of what he 
knows of any matter under hearing at the bar. [Jour. H. of C, Jan. 
22, 1744—5. ] 

Either House may request, but not command the attendance of a 
member of the other. They are to make the request by message to the 
other House, and to express clearly the purpose of attendance, that no 
improper subject of examination may be tendered to him. The House 
then gives leave to the member to attend, if he choose it ; waiting first 
to know from the member himself whether he chooses to attend, till 
which they do not take the message into consideration. But when the 
Peers are sitting as a court of criminal judicatm-e, they may order 
attendance ; unless where it be a case of impeachment by the Commons. 
There it is to be a request. [3 Hats. 17. 9 Grey, 306, 406. 10 
Grey, 183. ] 

Counsel are to be heard only on private, not on public bills, and on 
such points of law only as the House shall direct. [ 10 Grey, 61. ] 



SECTION X. 



ARRANGEMENT OF BUSINESS. 

The Spearker is not precisely bound to any rules as to what bills or 
other matter shall be first taken up, bvit is left to his own discretion, 
unless the House on a question decide to take up a particular subject. 
[ Hakew. 136. ] 

A settled order of business is, however, necessary for the government 
of the presiding person, and to restrain individual members from calling 
up favourite measiu-es, or matters under their special patronage, out 
of their just turn. It is usual also for directing the discretion of the 
House, when they are moved to take up a particular matter, to the 
prejudice of others having priority of right to their attention in the 
general order of business. 



SECTION XI 



ORDER. 

In Parliament 'instances make order,' [per Speaker Onslow, 2 Hats. 
141, ] but what is done only by one Parliament, cannot be called cus- 
tom of Parliament. [ 1 Grey, 52. ] 



Rule 50, 
Sen. page 
136. 



Re. 26, 27, 
H. Reps, 
p. 74. 



Const. IT. 
S. Art. 1. 
Sec. 5. p. 
12. 



156 



ORDER RESPECTING PAPERS. — ORDER IN DEBATE. 



Rule 42, 
Sen. page 
134. 



Rule. 31, 
Ho. Reps, 
page 76. 



Re. 3, Sen. 
p. 125. 

Rule 33, 
Ho. Reps, 
p. 76. 



Re. 5, Sen. 
p. 125. 

Re. 34, & 
37, H. Rep. 
pp. 76, 77. 
Re. 4 Sen. 
p. 125. 



SECTION XII. 



ORDER RESPECTING PAPERS. 



The Clerk is to let no journals, records, accounts, or papers be taken 
from the table, or out of Ms custody. [ 2 Hats. 193, 194. ] 

Mr. Prynne having, at a Committee of the Whole, amended a mis- 
take in a bill without order or knowledge of the Committee, was repri- 
manded. [ 1 Chand. 77. ] 

A bill being missing, the House resolved that a protestation should 
be made and subscribed by the members ' before Almighty God and 
this honourable House, that neither myself nor any other to my know- 
ledge, have taken away, or do at this present conceal a bill entitled,' &c. 
[5 Grey, 202..] 

After a bill is engrossed, it is put into the Speaker's hands, and he 
is not to let any one have it to look into. [ Town. col. 209. ] 



SECTION XIII 



ORDER IN DEBATE. 

When the Speaker is seated in his chair, every member is to sit in 
his place. [ Scob. 6. 3 Grey, 403. ] 

When any member means to speak, he is to stand up in his place, 
uncovered, and to address himself, not to the House, or any particular 
member, but to the Speaker, who calls him by his name, that the 
House may take notice who it is that speaks. [ Scob. 6. D'Ewes, 487. 
Col. 1. 2 Hats. 77. 4 Grey, 66. 8 Grey, 108. ] But members who 
are indisposed may be indulged to speak sitting. [2 Hats. 75, 77. 
1 Grey, 195.] 

When a member stands up to speak, no question is to be put, but he 
is to be heard, unless the House overrule him. [4 Grey, 390. 
5 Grey, 6, 143.] 

If two or more rise to speak nearly together the Speaker determines 
who was first up, and calls him by name, whereupon he proceeds, un- 
less he voluntarily sits down and gives way to the other. But some- 
times the House does not acquiesce in the Speaker's decision, in which 
case the question is put, ' which member was first up ?' [2 Hats. '76. 
Scob. 7. D'Ewes, 434. Col. 1, 2. ] 

No man may speak more than once to the same bill on the same day ; 
or even on another day if the debate be ac^ourned. But if it be read 
more than once in the same day, he may speak once at every reading. 



ORDER IN DEBATE. 



157 



[ Co. 12, 116. Hakew. 148. Scob. 58. 2 Hats. 75. ] Even a change 
of opinion does not give a riglit to be heard a second time. [ Smyth 
Comw. L. 2, c. 3. Ai"can. Pari. 17. ] 

But he may be permitted to speak again to clear a matter of fact. 
[ 3 Grey, 357, 416. ] Or merely to explain himself, 2 Hats. 73, in 
some material part of his speech, lb. 75, or to the manner or words of 
the question,-keeping himself to that only, and not travelling into the 
merits of it, [ Memorials in Hakew. 29, ] or to the orders of the 
House if they be transgressed, keeping within that line, and not falling 
into the matter itself. [ Mem. in Hakew. 30, 31, ] 

But if the Speaker rises to speak, the member standing up ought to 
sit down, that he may be first heard. [ Town. col. 205. Hale Pari. 
133. Mem. in Hakew, 30, 31, ] Nevertheless, though the Speaker 
may of right speak to matters of order, and be first heard, he is re- 
strained from speaking on any other subject, except where the House 
have occasion for facts within his knowledge ; then he may, with their 
leave, state the matter of- fact, [ 3 Grey, 38. ] 

No one is to speak impertinently, or beside the question, superflu- 
ously or tediously. [ Scob. 31, 33. 2 Hats. 166, 168. Hale Pari. 
133.] 

No person is to use indecent language against the proceedings of the 
House, no prior determination of which is to be reflected on by any 
member, unless he means to conclude with a motion to rescind it. 
[2 Hats. 169, 170. Rushw. p. 3, v. 1, fol. 42,] But while a propo- 
sition is under consideration, is still in fieri,* though it has even been 
reported by a Committee, reflections on it are no reflections on the 
House. [ 9 Grey, 508. ] 

No person in speaking, is to mention a member then present by his 
name ; but to describe him by his seat in the House, or who spoke last, 
or on the other side of the question, &c. [ Mem. in Hakew. 3 Smyth's 
Comw. L. 2, c. 3, ] nor to digress from the matter to fall upon the per- 
son, [Scob. 31. Hale Pari, 133, 2 Hats, 166, ] by speaking, reviling, 
nipping, or unmannerly words against a particular member. [ Smyth's 
Comw, L. 2, c. 3. ] The consequences of a measure may be reprobated 
in strong terms ; but to arraign the motives of those who propose or 
advocate it, is a personality, and against order. Qui digreditur a 
materia ad personam, j Mr. Speaker ought to suppress. [ Ord. Com. 
1604, April 19, ] 

No one is to disturb another in his speech by hissing, coughing, 
spitting, [6 Grey, 332, Scob. 8. Dewes, 332, col. 1. 640, col. 2,] 
speaking or whispering to another, [ Scob. 6. D'Ewes, 487, col, 1, ] 
nor to stand up or interi-upt him, [ Town, col. 205. Mem, in Hakew, 
31, ] nor to pass between the Speaker and the speaking member, nor to 
go across the House, [ Scob. 6, ] or to walk up and down it, or to take 
books or papers from the table, or write there. [ 2 Hats. 171. ] 

Nevertheless, if a member finds that it is not the inclination of the 
House to hear him, and that by conversation, or any other noise, they 
endeavor to drown his voice, it is his most prudent way to submit to 
the pleasure of the House, and sit down ; for it scarcely ever happens 
that they are guilty of this piece of ill-mamiers without sufficient reason, 
or inattentive to a member who says any thing worth their hearing. 
[2 Hats. 77, 78,] 



Progress, 



t Those Trho depart from the subject to personality. 



Rule 39, 
Ho. Reps, 
p. 78, 



Rule 6, 
Sen, p. 125. 



158 



ORDER IN DEBATE. 



Re. 35 & 
36, House 
Reps, page 

77. 



Rule 7, 
Sen. page 
126. 



Joint Re. 
5, p. 108. 



If repeated calls do not produce order, the Speaker may call by his 
name any member obstinately persisting in irregularity, whereupon the 
House may require the member to withdraw. He is then to be heard 
in exculpation, and to withdraw. Then the Speaker states the offence 
committed, and the House considers the degree of ptmishment they 
will inflict. [2 Hats. 167, 7, 8, 172. ] 

For instances of assaults and affrays in the House of Commons, and 
the proceedings thereon, see 1 Pet. Misc. 82. 3 Grey, 128. 4 Grey, 
328. 5 Grey, 382. 6 Grey, 254. 10 Grey, 8. Whenever warm 
words, or an assault, have passed between members, the House, for the 
protection of their members, requires them to declare in their places 
not to prosecute any quarrel, [ 3 Grey, 128, 293, 5 Grey, 289, ] or 
orders them to attend the Speaker, who is to accommodate their differ- 
ences, and report to the House, [ 3 Grey, 419, ] and they are put under 
restraint if they refuse, or until they do. [ 9 Grey, 234, 312. ] 

Disorderly words are not to be noticed till the member has finished 
his speech. [5 Grey, 356. 6 Grey, 60. ] Then the person objecting 
to them, and desiring them to be taken down by the Clerk at the table, 
must repeat them. The Speaker then may direct the Clerk to take 
them down in his minutes. But if he thinks them not disorderly, he 
delays the direction. If the call becomes pretty general, he orders the 
Clerk to take them down, as stated by the objecting member. They are 
then part of his minutes, and when read to the offending member, he 
may deny they were his words, and the House must then decide by a 
question whether they are his words or not. Then the member may 
justify them, or explain the sense in which he used them, or apologize. 
If the House is satisfied, no further proceeding is necessary. But if 
two members still insist to take the sense of the House, the member 
must withdraw before that question is stated, and then the sense of the 
House is to be taken. [ 2 Hats. 199. 4 Grey, 170. 6 Grey, 59.] 
When any member has spoken, or other business intervened, after offen- 
sive words spoken, they cannot be taken notice of for censure. And 
this is for the common security of all, and to prevent mistakes which 
must happen if words are not taken down immediately. Formerly they 
might be taken down any time the same day. [2 Hats. 196. Mem. in 
Hakew. 71. 3 Grey, 48. 9 Grey, 514. ] 

Disorderly words spoken in a Committee must be written down as in 
the House ; but the Committee can only report them to the House for 
animadversion. [ 6 Grey, 46. ] 

In Parliament to speak irreverently or seditiously against the king is 
against order. [Smyth's Comw. L. 2, c. 3. 2 Hats. 170. ] 

It is a breach of order in debate to notice what has been said on the 
same subject in the other House, or the particular votes or majorities 
on it there : because the opinion of each house should be left to its own 
independency, not to be influenced by the proceedings of the other ; and 
the quoting them might beget reflections leading to a misunderstanding 
between the two houses. [ 8 Grey, 22. ] 

Neither House can exercise any authority over a member or officer 
of the other, but should complain to the House of which he is, and 
leave the punishment to them. Where the complaint is of words dis- 
respectfully spoken by a member of another House, it is difficult to 
obtain punishment, because of the rules supposed necessary to be 
observed (as to the immediate noting down of words) for the secuiity 
of members. Therefore, it is the duty of the House and more particu- 



ORDERS OF THE HOUSE. 



159 



larly of the Speaker to interfere immediately, and not to permit expres- 
sions to go unnoticed which may give a ground of complaint to the 
other House, and introduce proceedings and mutual accusations be- 
tween the two Houses, which can hardly be terminated without difficulty 
and disordei'. [ 3 Hats. 51. ] 

No member may be present when a bill or any business concerning 
himself is debating; nor is any member to speak to the merits of it till 
he withdraws. [ 2 Hats. 219. ] The rule is that if a charge against 
a member arise out of a report of a Committee, or examination of wit- 
nesses in the House, as a member knows from that to what points he is 
to direct his exculpation, he may be heard to those points, before any 
question is moved or stated against him. He is then to be heard, and 
withdraw before any question is moved. But if the question itself is 
the charge, as for breach of order, or matter arising in the debate, 
there the charge must be stated, that is, the question must be moved, 
himself heard, and then to withth'aw. [2 Hats. 121, 122. ] 

Where the private interests of a member are concerned in a bill or 
question, he is to withdraw. And where such an interest has appeared, 
his voice has been disallowed, even after a division. In a case so contrary, 
not only to the laws of decencj^, but to the fundamental principle of the 
social compact, which denies to any man to be a judge in his own cause, 
it is for the honor of the House that this rule, of immemorial observ- 
ance, should be strictly adhered to. [ 2 Hats. 119, 121. 6 Grey, 368. ] 

No member is to come into the House with his head covered, nor 
remove from one place to another with his hat on, nor put on his 
hat in coming in, or removing until he be set down in his place. 
[ Scob. 6. ] 

A question of order may be adjourned to give time to look into pre- 
cedents. [2 Hats. 118.] 

In Parliament, all decisions of the Speaker may be controlled by the 
House. [3Grey, 319. ] 



SECTION XIY. 



ORDERS OF THE HOUSE, 



Of right, the door of the House ought not to be shut, but to be kept 
by porters, or Serjeants at arms, assigned for that purpose, [ Mod. 
Pari. 23.] 

The only case, -where a member has a right to insist on any thing, is 
where he calls for the execution of a subsisting order of the House. 
Here, there having been already a resolution any member has a right 
to insist that the Speaker, or any other whose duty it is, shall carry it 
into execution ; and no debate or delay can be had on it. Thus any 
member has a right to have the House or gallery cleared of strangers, 
an order existing for that purpose ; or to have the House told when 



Const. U. 

S. Art. 1, 
Sec. 5. p. 
12, 



Rule 40, 
H. Repres. 
p. 78. 



Rule 39, 
Ho. Reps. 

p. 78, 

Re. 2, H, 

leps.p.78. 

Rule 6, 
Sen. p. 125, 



Rule 67, 
Ho. Reps. 

■e85. 



Rule 18, 
Sen. p. 127 



160 



PETITIONS. 



Rule 27, 
H. Repres. 
p. 74. 



Rule 23 
& 2i, Ho. 
Ropres. p. 
73. 



Rule 2 i, 
Sen. page 

128. 



there is not a quorum present, [ 2 Hats. 87, 129. ] How far an order 
of the House is binding, see Hakew. 392. 

But where an order is made that any particular matter be taken up 
on a particular day, there a question is to be put when it is called for, 
whether the House will now proceed to that matter ? Where orders of 
the day are on important or interesting matter, they ought not to be 
proceeded on till an hour at which the House is usually full. 

Orders of the day may be discharged at any time, and a new one 
made for a different day. [ 3 Grey, 48, 313. ] 

When a session is drawing to a close, and the important bills are all 
brought in, the House, in order to prevent interruption by further un- 
important bills, sometimes come to a resolution that no new bill be 
brought in, except it be sent from the other House. [ 3 Grey, 156. ] 

All orders of the House determine with the session ; and one taken 
under such an order may, after the session is ended, be discharged on 
a habeas corpus.* [ Raym. 120. Jacob's L. D. by Ruffhead. Parlia- 
ment, 1 Ley. 165. Prichard's case. ] 



SECTION xy. 



PETITIONS. 

A PETITION prays something, A remonstrance has no prayer, 
[ 1 Grey, 58. ] 

Petitions must be subscribed by the petitioners, [ Scob. 87, L. Pari, 
c. 22. 9 Grey, 362, ] unless they are attending, [ 1 Grey, 401, ] or 
unable to sign, and averred by a member. [ 3 Grey, 418. ] But a 
petition not subscribed, but which the members presenting it afi&rmed 
to be all in the hand writing of the petitioner, and his name written in 
the beginning, was on the question (March 14, 1800,) received by the 
Senate, The averment of a member or of somebody without doors that 
they know the hand writing of the petitioners is necessary, if it be ques- 
tioned, [ 6 Grey, 36. ] It must be presented by a member, not by the 
petitioners, and must be opened by him, holding it in his hand. 
[ 10 Grey, 57. ] 

Regularly a motion for receiving it must be made and seconded, and 
a question put whether it shall be received ? But a cry from the House 
of ' received,' or even its silence, dispenses with the formality of this 
question. It is then to be read at the table and disposed of. 



* " Have you the body." This phrase designates the most emphatic words of a writ 
issued by a Judge or Court, commanding a person, who has another in custody, or in 
imprisonment, to have his body before the Judge or Court at a particular time and 
place, and to state the cause of imprisonment. The person, whether a sheriff, jailor, or 
other person, is bound to produce the body of the prisoner at the time and place ap- 
pointed; if the prisoner is illegally detained, the Judge or Court are bound at once to 
set him at liberty. 



MOTIONS. — ^RESOLUTIONS. — BILLS, LEAVE TO BRING IN. 



161 



SECTION XVI. 



MOTIONS. 

When a motion has been made, it is not to be put to the question or 
debated until it is seconded. [ Scob. 21. ] 

It is then, and not till then, in possession of the House, and cannot 
be withdrawn but by leave of the House. It is to be put into writing, 
if the House or Speaker require it, and must be read to the House by 
the Speaker as often as any member desires it for his information. 
[2 Hats. 82.] 

It might be asked whether a motion for adjournment or for the orders 
of the day can be made by one member while another is speaking ? It 
cannot. When two members offer to speak, he who rose first is to be 
heard, and it is a breach of order in another, to interrupt him, unless 
by calling him to order, if he departs from it. And the question of 
order being decided, he is still to be heard through. A call for ad- 
journment, or for the order of the day, or for the question, by gentle- 
men from their seats, is not a motion. No motion can be made without 
rising and addressing the chair. Such calls are themselves breaches 
of order, which though the member who has risen may respect, as an 
expression of the impatience of the House against further debate, yet, 
if he chooses, he has a right to go on. 



SECTION XYII. 



RESOLUTIONS 



When the House commands, it is by an ' order.' But facts, princi- 
ples, their own opinions, and purposes are expressed in the form of 
resolutions. 



SECTION XYIII. 

BILLS, LEAVE TO BRING IN. 

When a member desires to bring in a bill on any subject, he states 
to the House, in general terms, the causes for doing it, and concludes by 



Rule. 4 3, 
Ho. Reps. 
paoie 79. 

Rule 9, 
Sen. page 
126. 

Re. 44, 45, 
H. Reps, 
p. 79. 

Rule 46, 
Ho. Reps. 

p. 79. 



Rule 26, 
Ho. Reps, 
page 74. 



Re. 114, 
Ho. Reps, 
page 99. 



162 



BILLSj FIRST READING. BILLS^ SECOND READING. 



Re. 116, 
Ho. Reps. 



Re. 117; 
Ho. Reps. 
page 100. 



moving for leave to bring in a bill entitled, &c. Leave being given, 
on the question, a Committee is appointed to prepare and bring in the 
bill. The mover and seconder are always appointed on this Committee, 
and one or more in addition. [ Hakew. 132. ] 

It is to be presented fairly written, without any erasure or interlinea- 
tion, or the Speaker may refuse it. [ Scob. 41. 1 Grey, 82, 84. ] 



SECTION XIX. 



READING. 



When a bill is first presented, the Clerk reads it at the table and 
hands it to the Speaker, who, rising, states to the House the title of 
the bill, that this is the first time of reading it, and the question will 
be, whether it shall be read a second time ? Then sitting down to give 
an opening for objections, if none be made, he rises again and puts the 
question whether it shall be read a second time ? [ Hakew. 137, 141. ] 
A bill cannot be amended at the first reading, [ 6 Grey, 286, ] nor is it 
usual for it to be opposed then: but it may be done and rejected. 
[ D'Ewes, 335, col. 1. 3 Hats. 198. ] 



SECTION XX. 



BILLS, SECOND READING. 



The second reading must regularly be on another day. [ Hakew. 
143. ] It is done by the Clerk at the table, who then hands it to the 
Speaker. The Speaker, rising, states to the House the title of the 
bill, that this is the second time of reading it, and that the question 
will be, whether it shall be committed, or engrossed, and read a third 
time ? But if the bill came from the other House, as it always comes 
engrossed, he states that the question will be whether it shall be read a 
third time ? and before he has so reported the state of the bill, no one 
is to speak to it. [ Hakew. 143, 146. ] 



BILLSj C03IMITMENT. 



163 



SECTION XXI, 



If on motion and question it be decided that the bill shall be com- 
mitted, it may then be moved to be referred to a Committee of the 
whole house, or to a special Committee. If the latter, the Speaker 
proceeds to name the Committee. Any member also may name a single 
person, and the Clerk is to write him down as of the Committee. But 
the House have a controlling power over the names and number, if a 
question be moved against any one, and may, in any case, put in and put 
out whom they please. 

Those who take exceptions to some particulars in the bill are to be 
of the Committee. But none who speak directly against the body of the 
bill. For he that would totally destroy will not amend it. [ Hakew. 
146. Town, coll. 208. D'Ewes, 634, col. 2. Scob. 47, ] or as is said, 
[ 5 Grey, 145, ] the child is not to be put to a nurse that cares not for 
it. [ 6 Grey, 373. ] It is, therefore, a constant rule, ' that no man is 
to be employed in any matter who has declared himself against it.' 
And when any member who is against the bill hears himself named of 
its Committee, he ought to ask to be excused. Thus, March 7, 1606, 
Mr. Hadley was, on the question being put, excused from being of 
a Committee, declaring himself to be against the matter itself. 
[ Scob. 46. ] 

The Clerk may deliver the bill to any member of the Committee. 
[ Town, col. 138. ] But it is usual to deliver it to him who is first 
named. 

In some cases the House has ordered a Committee to withdraw im- 
mediately into the Committee chamber, and act on, and bring back, the 
bill, the House continuing to sit. [ Scob. 48. ] 

A Committee meets when and where they please, if the House has 
not ordered time and place for them. [ 6 Grey, 370. ] But they can 
only act when together, and not by separate consultation and consent, 
nothing being the report of the Committee but what has been agreed 
to in Committee actually assembled. 

A majority of the Committee constitutes a quorum for business. 
[Elsynge's method of passing bills, 11. ] 

Any member of the House may be present at any select Committee, 
but cannot vote, and must give place to all of the Committee, and sit 
below them. [Elsynge, 12. Scob. 49.] 

The Committee have full power over the bill, or other paper com- 
mitted to them, except that they cannot change the title or subject. 
[ 8 Grey, 228.] 

The paper before a Committee, whether select, or of the whole, may 
be a bill, resolutions, draught of an address, &c., and it may either 
originate with them, or be referred to them. In every case, the whole 
paper is read first by the Clerk, and then by the Chairman by para- 
graphs, [ Scob. 49, ] pausing at the end of each paragraph, and putting 
questions for amending, if proposed. In the case of resolutions on dis- 
tinct subjects, originating with themselves, a question is put on each 



Re. 117, 
Ho. Reps, 
pa^e 100. 

Rule 27, 
Sen. page 
129. 



Re. 9, H. 

Reps. p. 69. 
Contrary 
to customs 
of Cong. 



Re. 8, H. 
Reps. p. 69. 



Re. 127, 
Ho. Reps, 
page 102. 



164 



REPORT or COMMITTEE. 



Rule 34, 
Ho. Reps, 
p. 76. 



Custom 
of House 
of Reps, 



Re. 127, 
Ho. Reps, 
p. 102. 



Rule 25, 
Ho. Reps, 
p. 74. 



separately, as amended, or unamended, and no final question on the 
whole. [ 3 Hats. 276. ] But if they relate to the same subject, a 
question is put on the whole. If it be a bill, draught of an Address, or 
other paper originating with them, they proceed by paragraphs, putting 
questions for amending, either by insertion or striking out, if proposed ; 
but no question on agreeing to the paragraphs separatel3^ This is re- 
served to the close, when a question is put on the whole, for agreeing 
to it as amended, or unamended. But if it be a paper referred to them, 
they proceed to put questions of amendment, if proposed, but no final 
question on the whole ; because all parts of the paper having been 
adopted by the House, stand of course, unless altered, or struck out by 
a vote. Even if they are opposed to the whole paper, and think it can- 
not be made good by amendments, they cannot reject it, but must re- 
port it back to the House without amendments, and there make their 
opposition. 

The natural order, in considering and amending any paper, is, to begin 
at the beginning, and proceed through it by paragraphs ; and this order 
is so strictly adhered to in Parliament, that when a latter part has 
been amended, you cannot recur back and make any alteration in a 
former part. [ 2 Hats. 90. ] In numerous assemblies this restraint 
is doubtless important. 

To this natural order of beginning at the beginning, there is a single 
exception found in Parliamentary usage. When a bill is taken up in 
Committee, or on its second- reading, they postpone the preamble, till 
the other parts of the bill are gone through. The reason is, that on 
consideration of the body of the bill, such alterations may therein be 
made as may also occasion the alteration of the preamble'. [ Scob. 50. 
7 Grey, 431. ] 

When the Committee is through the whole a member moves that the 
Committee may rise, and the Chairman report the paper to the House, 
with or without amendments, as the case may be. [ 2 Hats. 289, 292. 
Scob. 63. 2 Hats. 290. 8 Scob. 50. ] 

When a vote is once passed in a Committee, it cannot be altered but 
by the House, their votes being binding on themselves. June 4, 1607. 

The Committee may not erase, interline, or blot the b^ll itself, but 
must, in a paper by itself, set down the amendments, stating the words 
which are to be inserted or omitted, [ Scob. 50, ] and where, by refer- 
ences to the page, line and word of the bill. [ Scob. 50. ] 



SECTION XXII 



REPORT OF COMMITTEE. 

The Chairman of the Committee, standing in his place, informs the 
House that the Committee, to whom was referred such a bill, have, 
according to order, had the same imder consideration, and have directed 



BILL, RECOMMITMENT. BILL, REPORT TAKEN UP. 



165 



him to report the same -svithout any amendment, or with sundry amend- 
ments, (as the case may be) which he is ready to do when the House 
pleases to receive it. And he, or any other may move that it be now 
received. But the cry of 'Now, now,' from the House, generally dis- 
penses with the formality of a motion and question. He then reads the 
amendments with the coherence in the bill, and opens the alterations, 
and the reasons of the Committee for such amendments until he has 
gone through the whole. He then delivers it at the Clerk's table, where 
the amendments reported are read by the Clerk, without the coherence, 
whereapon the papers lie on the table till the House, at its convenience, 
shall take up the report. [Scob. 52. Hakew. 148.] 

The repoi't being made, the Committee is dissolved, and can act no 
more without a new power. [Scob 51.] But it may be revived by a 
vote, and the same matter recommitted to them. [ 4 Grey, 361. ] 



SECTION XXIII. 



BILL, RECOMMITMENT. 

After a bill has been committed and reported, it ought not, in an 
ordinary course, to be recommitted. But in cases of importance, and 
for special reasons, it is sometimes recommitted, and usually to the same 
Committee. [ Hakew. 151. ] If a report be recommitted before agreed 
to in the House, what has passed in Committee is of no validity ; the 
whole question is again before the Committee, and a new resolution 
must be again moved, as if nothing had passed. [ 3 Hats. 131, note. ]* 

A particular clause of a bill may be committed without the whole bill, 
[ 3 Hats. 131, ] or so much of a paper to one, and so much to another 
Committee. 



SECTION xxiy 



BILL, REPORT TAKEN UP. 

"When the report of a paper, originating with a Committee, is taken up 
by the House, they proceed exactly as in Committee. Here, as in Com- 
mittee, when the paragraphs have, on distinct questions, been agreed 



* In the Senate, January, 1800, the Salvage Bill was recommitted three times after 
the commitment. 



Re. 107, 
Ho. Reps. 

page 97. 



Re. 135, 
Ho. Reps, 
p. 103. 



166 



QUASI-COMMITTEE — BILL^ SECOND EEADING IN THE HOUSE. 



Rule 29, 
Sen. p. 130. 



Contrary 
to House 
Heps. Re. 
34, p. 76, 



Rule 127, 
Ho. Reps, 
p. 102. 



to seriatim, ■5«- [5 Grey, 366. 6' Grey, 368. 8 Grey, 47, 104, 360. 
1 Torbuck's deb. 125. 3 Hats. 348, ] no question need be put on the 
whole report. [ 5 Grey, 381. ] 

On taking up a bill reported with amendments, the amendments only 
are read by the Clerk. The Speaker then reads the first, and puts it to 
the question, and so on till the whole are adopted or rejected, before 
any other amendment be admitted, except it be an amendment to an 
amendment. [ Elsynge's Mem. 53.] When through the amendments 
of the Committee, the Speaker pauses, and gives time for amendments to 
be proposed in the House to the body of the bill: as he does also if it 
has been reported without amendments; putting no questions but on 
amendments proposed : and when through the whole, he puts the ques- 
tion whether the bill shall be read a third time? 



SECTION XXY. 

QU ASI f-COMMITTEE. 

The particular form of Parliamentary proceeding in Committee of the 
whole House is the following : 1. In a Committee every member may 
speak as often as he pleases. 2. The votes of a Committee may be rejected 
or altered when reported to the House. 3. A Committee, even of the whole, 
cannot refer any matter to another Committee. 4. In a Committee no 
previous question can be taken. The only means to avoid an improper 
discussion is to move that the Committee rise : and if it be apprehended 
that the same discussion will be attempted on returning into Committee, 
the House can discharge them, and proceed itself on the business, keep- 
ing down the improper discussion by the previous question. 5. A Com- 
mittee cannot punish a breach of order, in the House, or in the gallery. 
[ 9 Grey, 113. ] It can only rise and report it to the Hou^e, who may 
proceed to punish. 



SECTION XXYI. 

BILL, SECOND READING IN THE HOUSE. 

In Parliament, after the bill has been read a second time, if, on the 
motion and question, it be not committed, or if no proposition for com- 
mitment be made, the Speaker reads it by paragraphs, pausing between 



* In Tcsuljir order. 

f Jiid as -if. This means where the whole assembly act just as if in Committee, or a 
Committee of the whole House. 



> 



167 



each, but putting no question but on amendments proposed ; and when 
through the whole, he puts the question whether it shall be read a third 
time ? if it came from the other House. Or, if originating with them- 
selves, whether it shall be engrossed and read a third time ? The 
Speaker reads sitting, but rises to put questions. The Clerk stands 
while he reads. 

The bill being now as perfect as its friends can make it, this is the 
proper stage for those fundamentally opposed to make their first attack. 
All attempts at earlier periods are with disjointed efforts ; because 
many who do not expect to be in favor of the bill ultimately, are willing 
to let it go on to its pei'fect state, to take time to examine it themselves, 
and to hear what can be said for it ; knowing that, after all, they will 
have sufficient opportunities of giving it their veto. Its two last stages 
therefore are reserved for this, that is to say, on the question whether 
it shall be read a third time ? And lastly, whether it shall pass ? The 
first of these is usually the most interesting contest ; because then the 
whole subject is new and engaging, and the minds of the members 
having not yet been declared by any trying vote, the issue is the more 
doubtful. In this stage, therefore, is the main trial of strength between 
its friends and opponents : and it behooves every one to make up his 
mind decisively for this question, or he loses the main battle ; and acci- 
dent and management may, and often do, prevent a successful rallying 
on the next and last question, whether it shall pass ? 

When the bill is engrossed, the title is to be endorsed on the back, 
and not within the bill. [ Hakew. 250. ] 

Where papers are laid before the House, or referred to a Committee, 
every member has a right to have them once read at the table, before 
he can be compelled to vote on them. But it is a great, though com- 
mon error, to suppose that he has a right, toties quoties,'^ to have acts, 
journals, accounts or papers on the table read independently of the will 
of the House. The delay and interruption which this might be made 
to produce, evince the impossibility of the existence of such a right. 
There is indeed so manifest a propriety of permitting every member to 
have as much information as possible on every question on which he is 
to vote, that when he desires the reading, if it be seen that it is really 
for information, and not for delay, the Speaker directs it to be read 
without putting a question, if no one objects. But if objected to, a 
question must be put. [2 Hats. 117, 118. ] 

It is equally an error to suppose that any member has a right, without 
a question put, to lay a book or paper on the table, and have it read, on 
suggesting that it contains matter infringing on the privileges of the 
House. [2 Hats. 117, 118. ] 

For the same reason a member has not a right to read a paper in his 
place, if it be objected to, without leave of the House. But this rioor 
is never exercised, but where there is an intentional or gross abuse of 
the time and patience of the House. 

A member has not a right even to read his own speech, committed to 
writing, without leave. This also is to prevent an abuse of time • and 
therefore is not refused, but where that is intended. [ 2 Grey, 227. 1 

Formerly, when papers were referred to a Committee, they used to be 
first read : but. of late, only the titles ; unless a member insists they 
shall be read, and then nobody can oppose it. [ 2 Hats. 117. ] 



Rule 29, 
Sen. page 
130. 



* Whenever this may occur. 



Re. 123, 
Ho. Reps, 
page 101. 



Rule 57, 
Ho. Reps. 

page 84. 



168 



PRIVILEGED QUESTIONS. 



Rule 45, 
Ho. Reps, 
page 79. 

Re. 130, 
Ho. Reps, 
page 102. 



Rule 48, 
Ho. Reps. 

p. 80. 



Rule 23, 
Ho. Reps. 
p. 73, and 
Rule 27, p. 
74. 



Contrary 
to House 
Reps. Re. 
46, p. 79 
wh. is con- 
cise and 
definite on 
all these 
six points. 



SECTION XXYII. 



PRIVILEGED QUESTIONS. 

It is no possession of a "bill, unless it Ibe delivered to the Clerk to be 
read, or the Speaker reads the title. [ Lex. pari. 274. Elsynge mem. 
95. Ord. House of Commons, 64. ] 

It is a general rule that the question first moved and seconded shall 
be first put. [ Scob. 22, 28. 2 Hats. 81. ] But this rule gives way 
to what may be called privileged questions ; and the privileged ques- 
tions are of different grades among themselves. . 

A motion to adjourn simply takes place of all others ; for otherwise 
the House might be kept sitting against its will, and indefinitely. Yet 
this motion cannot be received after another question is actually put, 
and while the House is engaged in voting. 

Orders of the day take place of all other questions, except for adjourn- 
ment. That is to say, the question which is the subject of an order is 
made a privileged one, pro hac vice.* The order is a repeal of the 
general rule as to this special case. When any member moves, therefore, 
for the orders of the day to be read, no further debate is permitted on 
the question which was before the House ; for if the debate might pro- 
ceed, it might continue through the day, and defeat the order. This 
motion, to entitle it to precedence, must be for the orders generally, 
and not for any particular one ; and if it be carried on the question, 
'Whether the House will now proceed to the orders of the day,' they 
must be read and proceeded on in the course in which they stand. 
[ 2 Hats. 83. ] For priority of order gives priority of right, which 
cannot be taken away but by another special order. 

After these there are other privileged questions which will require 
considerable explanation. 

It is proper that every Parliamentary assembly should have certain 
forms of question so adopted, as to enable them fitly to dispose of every 
proposition which can be made to them. Such are, 1. The previous 
question. 2. To postpone indefinitely. 3. To adjourn a question to a 
definite day. 4. To lie on the table. 5. To commit. 6. To amend. 
The proper occasion for each of these questions should be understood. 

1. When a proposition is moved, which it is useless or inexpedient 
now to express or discuss, the previous question has been introduced 
for suppressing, for that time, the motion and its discussion. [ 3 Hats. 
188, 189. ] 

2. But as the previous question gets rid of it only for that day, and the 
same proposition may recur the next day, if they wish to suppress it for 
the whole of that session, they postpone it indefinitely. [ 3 Hats. 183. ] 
This quashes the proposition for that session, as an indefinite a(^oui'n- 
ment is a dissolution or the continuance of a suit, sine dief is a discon- 
tinuance of it. 

3. When a motion is made which it will be proper to act on, hut infor- 
mation is wanted, or something more pressing claims the present time, 



* For this time. 



■j- Without naming any particular day. 



PRIVILEGED QUESTIONS. 



169 



the question or debate is adjourned to such day within the session as 
will answer the \dews of the House. [ 2 Hats. 81. ] And those who 
have spoken before may not speak again when the adjourned debate is 
resumed. [ 2 Hats. 73. ] Sometimes, however, this has been abusively 
used by adjourning it to a day beyond the session, to get rid of it 
altogether, as would be done by an indefinite postponement. 

4. When the House has something else which claims its present atten- 
tion, but would be willing to reserve in their power to take up a pro- 
position whenever it shall suit them, they order it to lie on their table. 
It may then be called for at any time. 

5. If the proposition will want more amendment and digestion, than 
the formalities of the House will conveniently admit, they refer it to a 
Committee. 

6. But if the proposition be well digested, and may need but few and 
simple amendments, and especially if these be of leading consequence, 
the whole House may then proceed to consider and amend it. 

Have these questions any privilege among themselves ? Or are they 
so equal that the common principle of the ' first moved, first put,' takes 
place among them ? This will need explanation. Their competitions 
may be as follows : 

1. Pre\dous question and postpone. ~ 

" " commit. 

" " amend. 

2. Postpone and previous question. 

" " commit. 

" " amend. 

3. Commit and previous question. 

" " postpone. 

" " amend. 

4. Amend and previous question. 

" *' postpone. 

<' '* commit. 

In the first class, where the previous question is first moved, the 
ejffect is peculiar. For it not only prevents the after motion to post- 
pone or commit from being put to question before it, but also from 
being put after it. For if the previous question be decided affirmatively, 
to wit, that the main question shall now be put, it would, of course, be 
against the decision to postpone or commit. And if it be decided 
negatively, to wit, that the main question shall not now be put, this 
puts the House out of possession of the main question, and conse- 
quently there is nothing before them to postpone or commit. So that 
neither voting for or against the previous question, will enable the 
advocates for postponing or committing to get at their object. Whether 
it may be amended shall be examined hereafter. 

Second class. If postponement be decided affirmatively, the propo- 
sition is removed from before the House, and consequently there is no 
ground for the previous question, commitment, or amendment. But, if 
decided negatively, that it shall not be postponed, the main question 
may then be suppressed by the previous question, or may be committed, 
or amended. 

The third class is subject to the same observations as the second. 

The fourth class. Amendment of the main question first moved, and 
afterwards the previous question, the question of amendment shall be 
first put. 



In the first, second, and third 
classes, and the first member 
of the foiu'th class, the rule 
'first moved first put' takes 
place. 



The modes 
of appl'ng 
the Parlia- 
m e n t ary 
rl's on the 
six forms 
mentioned 
at the top 
of this p., 
are compli- 
cated and 
lengthy; 
they tend 
to retard 
more than 
f a c i 1 itate 
the disp'ch 
of husin's. 



170 



PRIVILEGED QUESTIONS. 



Simpli 
fied by the 
Ho. Keps. 
See Rule 
46, p. 7' 



Amendment and postponement competing, postponement is first put, 
as the equivalent proposition to adjourn the main question would be in 
Parliament. The reason is, that the question for amendment is not sup- 
pressed by postponing or adjourning the main question, but remains 
before the House whenever the main question is resumed ; and it might 
be that the occasion for other urgent business might go by, and be lost 
by length of debate on the amendment, if the House had it not in their 
power to postpone the whole subject. 

Amendment and commitment. The question for committing, though 
last moved, shall be first pvit : because in truth it facilitates and befriends 
the motion to amend. Scobell is express. ' On a motion to amend a 
bill, any one may, notwithstanding, move to commit it, and the question 
for commitment shall be first put.' [ Scob. 46. ] 

We have hitherto considered the case of two or more of the privileged 
questions contending for privilege between themselves, when both were 
moved on the original or main question ; but now let us suppose one of 
them to be moved, not on the original primary question, but on the 
secondary one for example. 

Suppose a motion to postpone, commit or amend the main question, 
and that it be moved to suppress that motion by putting a previous 
question on it. This is not allowed : because it would embarrass ques- 
tions too much to allow them to be piled on one another several stories 
high ; and the same result may be had in a more simple way, by deciding 
against the postponement, commitment or amendment. [ 2 Hats. 81, 
2, 3, 4.] 

Suppose a motion for the previous question, or commitment, or amend- 
ment, of the main question, and that it be then moved to postpone the 
motion for the previous question, or for commitment or amendment of 
the main question. 1. It would be absurd to postpone the previous 
question, commitment or amendment alone, and thus separate the 
appendage from its principal. Yet it must be postponed separately 
from its original, if at all : because when a main question is before 
the House no motion shall be received but to commit, amend or pre- 
question the original question. Therefore the motion to postpone the 
secondary motion for the previous question or for committing or amend- 
ing, cannot be received. 2. This is a piling of questions one\)n another, 
which, to avoid embarrassment, is not allowed. 3. The same result 
may be had more simply by voting against the previous question, com- 
mitment or amendment. 

Suppose a commitment moved of a motion for the previous question, 
or to postpone or amend. The first, second and third reasons before 
stated all hold good against this. 

Suppose an amendment moved to a motion for the previous 
question. Answer. The previous question cannot be amended. 
Parliamentary usage fixes its forms to be. Shall the main ques- 
tion be now put? i. e., at this instant. And as the present instant 
is but one, it can admit of no modification. To change it to to- 
morrow, or any other moment, is without example, and without 
utilit3\ But suppose a motion to amend a motion for postponement ; 
as to one day instead of another, or to a special, instead of indefinite 
time. The useful character of amendment gives it a privilege of attach- 
ing itself to a secondary and priviledged motion. That is, we may 
amend a postponement of a main question. So we may amend a com- 
mitment of a main question, as by adding, for example, ' with instruc- 



PRIVILEGED QUESTIONS. 



171 



tions to inquire, &c.' In like manner, if an amendment be moved to 
an amendment, it is admitted. But it would not be admitted in another 
degree, to wit : to amend an amendment to an amendment of a main 
question. This would lead to too much embarrassment. The line must 
be drawn somewhere, and usage has drawn it after the amendment to 
the amendment. The same result must be sought by deciding against 
the amendment to the amendment, and then moving it again as it was 
wished to be amended. In this form it becomes only an amendment to 
an amendment. 

In filling a blank with a sum, the motion must be first put on the 
smallest sum and longest time. [ 5 Grey, 179. 2 Hats. 81, 83. 
3 Hats. 132, 133. ] And this is considei^ed to be, not in the form 
of an amendment to the question, but as alt'ei'native or succes- 
sive originals. In all cases of time or number, we must consider 
whether the larger comprehends the lesser, as in a question to what 
day a postponement shall be, the number of a Committee, amount 
of a fine, term of an imprisonment, the terminus in quem,* or in 
any other case. Then the question must begin a maximo.-j- Or 
whether the lesser concludes the greater, as in questions on the limita- 
tion of the rate of interest, on what day the session shall be closed by 
adjournment, on what day the next shall commence, or the teminus 
a quoj in any other case, where the question must begin a mininio. ^ 
The object being not to begin at that extreme, which, and more, being 
within every man's wish, no one could negative it, and yet, if he should 
vote in the affirmative, every question for more would be precluded ; 
but at that extreme which would unite few, and then to advance or 
recede till you get to a number which will unite a bare majority. [ 3 
Grey, 376, 384, 385. ] ' The fair question in this case is not that to 
which and more all will agree, but whether there shall be addition to 
the question.' [ 1 Grey, odd. ] 

Another exception to the rule of priority is when a motion has been 
made to strike out, or agree to a paragraph. Motions to amend it are 
to be put to the question, before a vote is taken on striking out, or 
agreeing to the whole paragraph. 

But there are several questions, which being incidental to every one, 
will take place of every one, privileged or not, to wit : a question of 
order arising out of any other question, must be decided before that 
question. [ 2 Hats. 88. ] 

A matter of privilege arising out of any question, or from a quarrel 
between two members, or any other cause, supersedes the consideration 
of the original question, and must be first disposed of. [ 2 Hats. 88. ] 
Reading papers relative to the question before the House. This 
question must be put before the principal one. [ 2 Hats. 88. ] 

Leave asked to withdraw a motion. The rule of parliament being 
that a motion made and seconded is in possession of the House, and 
cannot be withdi-awn without leave, the very terms of the rule imply 
that leave may be given, and consequently may be asked and put to the 
question. 



* Term of irredeemability of a loan, 
i From the greatest. 



When an act shall commence. 
From the least. 



Rule 130, 
Ho. Reps, 
page 102, 
contrary. 



Re. 119, 
Ho. Reps, 
page 100, 
contrary. 



Rule 45, 
Ho. Reps, 
different. 



172 



THE PREVIOUS QUESTION. 



Rule 46, 
Ho. Reps. 
contrary. 



Rule 50, 
Ho. Reps, 
page 81, 
contrary. 



SECTION XXVIII. 



THE PREVIOUS QUESTION. 

When any question is before the House, any member may move a 
previous question, ' Whether that question (called the main question) 
shall now be put?' If it pass in the affirmative, then the main ques- 
tion is to be put immediately, and no man may speak any thing further 
to it, either to add or alter, [Memor. in Hakew. 28. 4 Grey, 27.] 

This kind of question is understood by Mr. Hatsell to have been 
introduced in 1604. [2 Hats. 80.] Sir Henry Vane introduced it. 
[2 Grey, 113, 114. 3 Grey, 384,] When the question was put in this 
form, ' Shall the main question be put ?' A determination in the nega- 
tive suppressed the main question during the session ; but since the 
words 'now put' are used, they exclude it for the present only. For- 
merly, indeed, only till the present debate was over, [4 Grey, 43,] but 
now for that day and no longer. [2 Grey, 113, 114.] 

Before the question, 'whether the main question shall now be put?' 
any person might formerly have spoken to the main question, because 
otherwise he would be precluded from speaking to it at all. [Mem. in 
Hakew. 28.] 

The proper occasion for the previous question, is when a subject is 
brought forward of a delicate nature as to high personages, &c., or the 
discussion of which may call forth observations which might be of 
injurious consequences. Then the previous question is proposed : and, 
in the modern usage, the discussion of the main question is suspended, 
and the debate confined to the previous question. The use of it has 
been extended abusively to other cases : but in these it is an embar- 
rassing procedure : its uses would be as well answered by other more 
simple parliamentary forms, and therefore it should not be favored, 
but restricted within as narrow limits as possible. 

Whether a main question may be amended, after the previous ques- 
tion on it ha^ been moved and seconded ? 2 Hats. 88, says, if the pre- 
vious question has been moved and seconded, and also proposed from 
the chair (by which he means stated by the Speaker for debate), it has 
been doubted whether an amendment can be admitted to the main 
question ? He thinks it may, after the previous question moved and 
seconded, but not after it has been proposed from the chair. In this 
case he thinks the friends to the amendment must vote that the main 
question be not now put ; and then move their amended question, 
which, being made new by the amendment, is no longer the same which 
has been just suppressed, and therefore may be proposed as a new one. 
But this proceeding certainly endangers the main question, by dividing 
its friends, some of whom may choose it unamended, rather than lose it 
altogether : while others of them may vote, as Hatsell advises, that the 
main question be not now put, with a view to move it again in an 
amended form. The enemies to the main question, by this manoeuvre 
of the previous question, get the enemies to the amendment added 
to them on the first vote, and throw the friends of the main question 
under the embarrassment of rallying again as they can. To support 
his opinion, too, he makes the deciding circumstance, whether an 



AMENDMENTS. 



173 



amendment may or may not be made, to be that tlie previous question 
has been proposed from the chair. But as the rule is, that the house is 
in possession of a question as soon as it is moved and seconded, it can- 
not be more than possessed of it by its being also proposed from the 
chair. It may be said, indeed, that the object of the previous question, 
being to get rid of a question, which it is not expedient should be dis- 
cussed, this object may be defeated by moving to amend, and, in the 
discussion of that motion, involving the subject of the main question. 
But so may the object of the previous question be defeated by moving 
the amended question, as Mr. Hatsell proposes, after the decision 
against putting the original question. He acknowledges, too, that the 
practice has been to admit a previous amendment, and only cites a few 
late instances to the contrary. On the whole, I should think it best to 
decide it ab inconvenienti,* to put it in the power of one side of the 
House to defeat a proposition by hastily moving the previous question, 
and thus forcing the main question to be put unamended; or to put in 
the power of the other side to force^on, incidentally at least, a discus- 
sion which would be better avoided? Perhaps the last is the least 
inconvenience ; inasmuch as the Speaker, by confining the discussion 
rigorously to the amendment only, may prevent their going into the 
main question, and inasmuch also as so great a proportion of the cases 
in which the previous question is called for, are fair and proper sub- 
jects of public discussion, and ought not to be obstructed by a formality 
introduced for questions of a peculiar character. 



SECTION XXIX. 



AMENDMENTS. 

On an amendment being moved, a member who has spoken to the 
main question may speak again to the amendment. [ Scob. 23. ] 

If an amendment be proposed inconsistent with one already agreed 
to, it is a fit ground for its rejection by the House ; but not within the 
competence of the Speaker to suppress as if it were against order. For 
were he permitted to draw questions of consistence within the vortex 
of order, he might usurp a negative on important modifications, and 
suppress, instead of subserving, the legislative will. 

Amendments may be made so as totally to alter the nature of the 
proposition ; and it is a way of getting rid of a proposition, by making 
it bear a sense different from what was intended by the movers, so that 
they vote against it themselves. [ 2 Hats. 79, 4, 82, 84. ] A new bill 
may be ingrafted by way of amendment on the words 'Be it enacted,' 
&c. [ 1 Grey, 190, 192. ] 

If it be proposed to amend by leaving out certain words, it may be 

* Which is most inconvenieiit. 



Re. 46 & 
50, House 
Reps. pp. 

79 & 81. 



Riile 37, 
Ho. Reps. 

page 77. 



RuJe 55, 
Ho. Reps, 
page 82, 
contrary. 



174 



AMENDMENTS. 



Re. 119^ 
Ho. Reps, 
page 100. 



moved as an amendment to this amendment to leave out a part of the 
words of the amendment, which is equivalent to leaving them in the 
bill. [ 2 Hats. 80, 9. ] The Parliamentary question is always whether 
the words shall stand as a part of the bill ? 

When it is proposed to amend by inserting a paragraph, or part of 
one, the friends of the paragraph may make it as perfect as they can 
by amendments, before the question is put for inserting it. If it be 
received, it cannot be amended afterwards, in the same stage ; because 
the House, has on a vote, agreed to it in that form. In like manner if 
it is proposed to amend by striking out a paragraph, the friends of the 
paragraph are first to make it as perfect as they can by amendments, 
before the question is put for striking it out. If on the question it be 
retained, it cannot be amended afterwards: because a vote against 
striking out is equivalent to a vote agreeing to it in that form. 

When it is moved to amend, by striking out certain words, and in- 
serting others, the manner of stating the question is, first to read the 
whole passage to be amended as#it stands at present, then the words 
proposed to be struck out, next those to be inserted, and lastly the 
whole passage as it will be when amended. And the question, if 
desired, is then to be divided, and put first on striking out. If carried, 
it is next on inserting the words proposed. If that be lost, it may be 
moved to insert others. [2 Hats. 80, 7. ] 

A motion is made to amend by striking out certain words, and 
inserting others in their place, which is negatived. Then it is moved 
to strike out the same words, and to insert others of a tenor entirely 
diiferent from those first proposed. It is negatived. Then it is moved 
to strike out the same words and insert nothing, which -is agreed to. 
All this is admissible ; because to strike out and insert A, is one pro- 
position. To strike out and insert B, is a different proposition. And 
to strike out and insert nothing, is still different. And the rejection of 
one proposition does not preclude the ofi'ering a difi'erent one. Nor 
would it change the case were the first motion di-sdded by putting the 
question first on striking out, and that negatived. For as putting the 
whole motion to the question at once, would not have precluded, the 
putting the half of it cannot do it.* 

But if it had been carried affirmatively to strike out thd words and 
to insert A, it could not afterwards be permitted to strike out A, and 
insert B. The mover of B should have notified, while the insertion of 
A was under debate, that he would move to insert B. In which case 
those who preferred it would join in rejecting A. 

After A is inserted, however, it may be moved to strike out a portion 
of the original paragraph, comprehending A, provided the coherence to 
be struck out be so substantial as to make this effectively a difi'erent 
proposition. For then it is resolved into the common case of striking 
out a paragraph after amending it. Nor does any thing forbid a new 
insertion instead of A and its coherence, f 



* In the case of a diTision of the question, and a decision against striking out, I ad- 
vance doubtingly the opinion here expressed. I find no authority either way ; and I 
know it may be viewed under a different aspect. It may be thought, that having 
decided separately not to strike out the passage, the same question for striking out 
cannot be put over again, though with a view to a different insertion. Still I think it 
more reasonable and conTenient to consider the striking out, and insertion, as forming 
one proposition ; but should readily yield to any evidence that the contrary is the prac- 
tice in parliament. 

f In Senate, January 25, 1798, a motion to postpone until the second Tuesday in Feb- 
ruary some amendments proposed to the Constitution. The words ' until the second 



DIVISION OF THE QUESTION. 



175 



A bill passed by the one House with blanks. These may be filled up 
by the other by way of amendments, returned to the first as such and 
passed. [ 3 Hats. 83. ] 

The number prefixed to the section of a bill, being merely a marginal 
indication, and no part of the text of the bill, the Clerk regulates that, 
the House or Committee is only to amend the text. 



SECTION XXX. 



DIVISION OF THE QUESTION. 

If a question contain more parts than one, it may be divided into two 
or more questions. [ Mem. in Hakew. 29. ] But not as the right of 
an individual member, but with the consent of the House. For who is 
to decide whether a question is complicated or not ? where it is com- 
plicated ? into how many propositions it may be divided ? The fact is, 
that the only mode of separating a complicated question is, by moving 
amendments to it ; and these must be decided by the House on a ques- 
tion, unless the House orders it to be divided, as on the question Dec. 
2, 1640, making void the election of the Knights for Worcester, on a 
motion, it was resolved to make two questions of it, to wit : one on each 
knight. [ 2 Hats. 85, 86, ] So wherever there are several names in a 
question, they may be divided and put one by one. [ 9 Grey, 444. ] 
So 1729, April 17, on an objection that a question was complicated, it 
was separated by amendment. [ 2 Hats. 79, 5. ] 

1798, May 30, the Alien Bill in Quasi-Committee. To a section and 



Tuesday in February' veere struck out by way of amendment. Then it was moved to 
add ' until the first day of June.' Objected that it was not in order, as the question 
should be first put on the longest time ; therefore after a shorter time decided against, a 
longer cannot be put to question. It was answered that this rule takes place only in 
filling blanks for time. But when a specific time stands part of a motion, that may be 
struck out as well as any other part of the motion ; and when struck out, a motion may 
be received to insert any other. In fact, it is not till they are struck out, and a blank 
foi* the time thereby produced, that the rule can begin to operate, by receiving all the 
propositions for different times, and putting the questions successively on the longest. 
Otherwise it would be in the power of the mover, by inserting originally a short time, 
to preclude the possibility of a longer. For till the short time is struck out, you cannot 
insert a longer ; and if, after it is struck out, you cannot do it, then it cannot be done 
at all. Suppose the first motion had been to amend by striking out 'the second Tuesday 
of February,' and inserting instead thereof ' the first of June.' It would have been 
regular then to divide the question, by proposing first the question to strike out, and 
then that to insert. Now this is precisely the effect of the present proceeding ; only 
instead of one motion and two questions, there are two motions and two questions to 
effect it ; the motion being divided as well as the question. 

When the matter contained in two bills might be better put into one, the manner is 
to reject the one, and incorporate its matter into another bill by way of amendment. So 
if the matter of one bill would be better distributed into two, any part may be struck 
out by way of amendment, and put into a new bill. If a section is to be transposed, a 
question must be put on striking it out where it stands, and another for inserting it in 
the place desired. 



Re. 130, 
Ho. Reps, 
p. 102, & 
Rule 13, 
Sen. page 
127. 



Rule 53, 
Ho. Reps, 
page 82. 



176 



CO-EXISTING QUESTIONS. 



Rule 58, 
Ho. Reps, 
page 84, 
contrary. 



proviso in the original, had been added two new provisoes by way of 
amendment. On a motion to strike out the section as amended, the 
question was desired to be divided. To do this it must be put first on 
striking out either the former proviso, or some distinct member of the 
section. But when nothing remains but the last member of the section, 
and the provisoes, they cannot be divided so as to put the last member 
to question by itself; for the provisoes might thus be left standing 
alone as exceptions to a rule when the rule is taken away ; or the new 
provisoes might be left to a second question, after having been decided 
on once before at the same reading ; which is contrary to rule. But 
the question must be on striking out the last member of the section as 
amended. This sweeps away the exceptions with the rule, and relieves 
from inconsistence. A question to be divisible, must comprehend points 
so distinct and entire, that one of them being taken away, the other 
may stand entire. But a proviso or exception, without an enacting 
clause, does not contain an entire point or proposition.* 



SECTION XXXI. 



CO-EXISTIFG QUESTIONS. 

It may be asked whether the House can be in possession of two mo- 
tions or propositions at the same time ? So that one of them being 
decided, the other goes to question without being moved anew ? The 
answer must be special. When a question is interrupted by a vote of 
adjournment, it is thereby removed from before the House, and does 
not stand ipso factof before them at their next meeting : but must come 
forward in the usual way. So when it is interrupted by the order of 
the day. Such other privileged questions also as dispose of the main 
question (e. g. the previous question, postponement or copimitment, ) 
remove it from before the House. But it is only suspended by a mo- 



* May 31. The same bill being before the Senate. There was a proviso that the bill 
should not extend. 1. To any foreign minister; nor 2. to any person to whom the 
President should give a passport ; nor 3. to any alien merchant conforming himself to 
such regulations as the President shall prescribe, and a division of the question into its 
simplest elements was called for. It was divided into four parts, the fourth taking in 
the words 'conforming himself,' &c. It was objected that the words 'any alien mer- 
chant' could not be separated from their modifying words ' conforming,' &c., because 
these words, if left by themselves, contain no substantive idea, will make no sense. 
But admitting that the divisions of a paragraph into separate questions must be so made 
as that each part may stand by itself, yet the house having, on the question, retained 
the two first divisions, the words ' any alien merchant' may be struck out, and their 
modifying words will then attach themselves to the preceding description of persons, 
and become a modification of that description. 

When a question is divided, after the question on the first member, the second is 
open to debate and amendment : because it is a known rule, that a person may rise and 
speak at any time before the question has been completely decided, by putting the nega- 
tive as well as afiirmative side. But the question is not completely put when the vote 
has been taken on the first member only. One-half of the question, both afiirmative 
and negative, remains still to be put. [ See Execut. Journ. June 25, 1795. ] The same 
decision by Ex-President John Adams. 

[• By that fact. 



EQUIVALENT QUESTIONS. 



177 



tion to amend, to witlidi-aw, to read papers, or by a question of order 
or privilege, and stands again before the House when these are decided. 
None but the class of privileged questions can be brought forward while 
there is another question before the House, the rule being, that when a 
motion has been made and seconded, no other can be received, except 
it be a privileged one. 



SECTION XXXII. 



EQUIVALENT QUESTIONS. 

If, on a question for rejection, a bill be retained, it passes of course 
to its next reading. [ Hakew. 141. Scob. 42, ] And a question for a 
second reading, determined negatively, is a rejection without farther 
question. [ 4 Grey, 149. And see Elsynge's memor. 42, ] in what 
cases questions are to be taken for rejection. 

Where questions are perfectly equivalent, so that the negative of the 
one amounts to the affirmative of the other, and leaves no other alter- 
native, the decision of the one concludes necessarily the other. [ 4 
Grey, 157. ] Thus the negative of striking out amounts to the affirma- 
tive of agreeing ; and therefore to put a question on agreeing after that 
on striking out, would be to put the same question in effect twice over. 
Not so in questions of amendments between the two Houses. A motion 
to recede being negatived, does not amount to a positive vote to insist, 
because there is another alternative, to wit, to adhere. 

A bill originating in one House, is passed by the other with an 
amendment. A motion in the originating House to agree to the amend- 
ment is negatived. Does there result from this a vote of disagreement, 
or must the question on disagreement be expressly voted ? The ques- 
tions respecting amendments from another House are : 1st, to agree ; 
2d, disagree ; 3d, recede ; 4th, insist ; 5th, adhere. 

1st. To agree, \ Either of these concludes the other necessarily, 

2d. To disagree, j for the positive of either is exactly the equivalent 
of the negative of the other, and no other alternative remains. On 
either motion amendments to the amendment may be proposed, e. g. if 
it be moved to disagree, those who are for the amendment have a right 
to propose amendments, and to make it as perfect as they can, before 
the question of disagreeing is put. 

3d. To recede. You may then either insist or adhere. 

4th. To insist. You may then either recede or adhere. 

5th. To adhere. You may then either recede or insist. 

Consequently the negative of these is not equivalent to a positive 
vote the other way. It does not raise so necessary an implication as 
may authorize the Secretary by inference to enter another vote : for two 
alternatives still remain, either of which may be adopted by the House. 

—— 



Rule 46, 
Ho. Reps, 
page 79. 



Res. 115 
and 116, 
Ho. Reps, 
page 99. 



Rule 27, 
Ho. Reps. 

page 74. 



178 



THE QUESTION, — BILLS, THIRD READING. 



4 
Ho. 

Reps. pp. 
67 & 76. 



34. 



Res. 27 
122. Ho. 



74 & 



PP 
101. 



Res. 26 & 
29, Sen 
c. pp. 129 
& 130. 



SECTION XXXIII. 



THE QUESTION. 

The question is to be put first on the affirmatiye, and then on the 
negative side. 

After the Speaker has put the affirmative part of the question, any 
member who has not spoken before to the question, may rise and speak 
before the negative be put. Because it is no full question till the nega- 
tive part be put. [ Scob. 23. 2 Hats. 73. ] 

But in small matters, and vt^hich are of course such as receiving pe- 
titions, reports, withdrawing motions, reading papers, &c., the Speaker 
most commonly supposes the consent of the House, where no objection 
is expressed, and does not give them the trouble of putting the Question 
formally. [Scob. 22. 2 Hats. 79, 2, 87. 5 Grey, 129. 9 Gre/, 301.] 



SECTION xxxiy. 



BILLS, THIRD READING. 

To prevent bills being passed by surprise, the House, by a standing 
order, directs that they shall not be put on their passage before a fixed 
hour ; naming one at which the house is commonly full. [Hakew. 153.] 

A bill reported, and passed to the third reading, cannot on that day 
be read the third time and passed ; because this would be to pass on 
two readings in the same day. 

At the third reading, the Clerk reads the bill, and delivers it to the 
Speaker, who states the title ; that it is the third time of reading the 
bill ; and that the question will be, whether it shall pass. Formerly, 
the Speaker, or those who prepared a bill, prepared also a breviate, or 
summary statement of its contents, which the Speaker read when he 
declared the state of the bill at the several readings. Sometimes, 
however, he read the bill itself, especially on its passage. [Hakew. 
136, 137, 158. Coke, 22, 115.] 

Latterly, instead of this, he, at the third reading, states the whole 
contents of the bill verbatim ; only, instead of reading the formal parts, 
'Be it enacted,' &c., he states, that 'the preamble recites so and so; 
the first section enacts that,' &c. ' the second section enacts,' &c. 

A bill on the third reading is not to be committed for the matter or 
body thereof; but to receive some particular clause or proviso, it hath 
been sometimes sufi"ered, but as a thing very unusual. [Hakew. 156.] 
Thus [27 El. 1584] a bill was committed on the third reading, having 
been formerly committed on the second ; but is declared not usudl. 
[D'Ewes, 337, col. 2, 414, col. 2.] 



DIVISION OF THE HOUSE. 



179 



When an essential provision has been omitted, rather than erase the 
bill, and render it suspicious, they add a clause on a separate paper, 
engrossed, and called a Rider, which is read and put to the question 
three times. [Elsynge's Memorials, 59. 6 Grey, 335. 1 Blackst. 183.] 
For examples of Riders, [see 3 Hats. 121, 122, 124, 126. ] Every one 
is at liberty to bring in a Rider, without asking leave. [10 Grey, 52.] 

It is laid down, as a general rule, that amendments proposed at the 
second reading shall be twice read; and those proposed at the third 
reading, thrice read ; as also all amendments from the other House. 
[Town. col. 19, 23, 24, 25, 26, 27, 28.] 

It is with great, and almost invincible reluctance, that amendments 
are admitted at this reading, which occasion erasures or interlineations. 
Sometimes a proviso has been cut off from a bill'; sometimes erased. 
[9 Grey, 513.] 

This is the proper stage for filling up blanks ; for, if filled up before, 
and now altered by erasure, it would be peculiarly unsafe. 

At this reading the bill is debated afresh, and, for the most part, is 
more spoken to at this time than on any of the former readings. 
[Hakew. 153.] 

The debate on the question, whether it should be read a third time, 
has discovered to its friends and opponents the arguments on which 
each side relies, and which of these appear to have influence with the 
House ; they have had time to meet them with new arguments, and to 
put their old ones into new shapes. The former vote has tried the 
strength of the first opinion, and furnished groujids to estimate the 
issue ; and the question now offered for its passage, is the last occasion 
which is ever to be offered for carrying or rejecting it. 

When the debate is ended, the Speaker, holding the bill in his hand, 
puts the question for its passage, by saying, ' Gentlemen, all you who 
are of opinion that this bill shall pass say 'aye;' and, after the answer 
of the ayes, 'all those of the contrary opinion say ' no.' [Hakew. 154.] 
After the bill is passed there can be no fui'ther alteration of it in any 
point. [Hakew. 159.] 



SECTION XXXY. 



DIVISION OF THE HOUSE. 



The affirmative and negative of the question having been both put 
and answered, the Speaker declares whether the yeas or nays have it, 
by the sound, if he be himself satisfied, and it stands as the judgment 
of the House. But, if he be not himself satisfied which voice is the 
greater, or if, before any other member comes into the House, or before 
any new motion made (for it is too late after that), any member shall 
rise and declare himself dissatisfied with the Speaker's' decision ; then 
the Speaker is to divide the House. [Scob. 24. 2 Hats. 140.] 

When the House of Commons is divided, the one party goes forth, and 
the other remains in the house. This has made it important which go 



Res. 115, 
116, & 117, 
Ho. Reps, 
pp. 99 & 
100. 



Re. 4, Ho. 
Reps. p. 67. 



180 



DIVISION OF THE HOUSE. 



Re. 4, Ho. 
Rep p. 67. 



Re. 42, Ho 

Reps. p. 79 



Re. 16, p 
127, Sen. 



Re. 40, Ho. 
Reps. p. 



Re. 2, Ho. 
Rep. p. 67. 



Res. 62 & 
63,HoJlep 
p. 85. 



fortli, and whicli remain ; because the latter gain all the indolent, the 
indifferent, and inattentive. Their general rule therefore is, that those 
who give their votes for the preservation of the orders of the House 
shall stay in, and those who are for introducing any new matter or 
alteration, or proceeding contrary to the established course, are to go 
out. But this rule is subject to many exceptions and modifications. [2 
Hats. 134. 1 Rush. p. 3, fol. 92. Scob. 43, 52. Co. 12, 116. D'Ewes, 
505, col. 1. Mem. in Hakew. 25, 29.] 

The one party having gone forth, the Speaker names two tellers from 
the affirmative, and two from the negative side, who first count those 
sitting in the House, and report the number to the Speaker. Then they 
place themselves within the door, two on each side, and count those 
who went forth, as they come in, and report the number to the Speaker. 
[Mem. in Hakew. 26.] 

A mistake in the report of the tellers may be rectified after the 
report made. [2 Hats. 145, note.] 

In the House of Commons every member must give his vote, the one 
way or the other. [Scob. 24.] As it is not permitted to any one to 
withdraw who is in the House when the question is put ; nor is any 
one to be told in the division who was not in when the question was 
put. [2 Hats. 140.] 

This last position is always true, when the vote is by yeas and nays ; 
where the negative as well as affirmative of the question is stated by 
the President at the same time, and the vote of both sides begins and 
proceeds pari passu.* It is true, also, when the question is put in the 
usual way, if the negative has also been put. But if. it has not, the 
member entering, or any other member, may speak, and even propose 
amendments, by which the debate may be opened again, and the ques- 
tion be greatly deferred. And as some who have answered aye may 
have been changed by the new arguments, the affirmative must be put 
over again. 

If then the member entering may, by speaking a few words, occasion 
a repetition of the question, it would be useless to deny it, on his simple 
call for it. 

While the House is telling, no member may speak, or move out of his 
place ; for, if any mistake be suspected, it must be told again. [Mem. 
in Hakew. 26. 2 Hats. 143.] 

If any difficulty arises in point of order during the division, the 
Speaker is to decide peremptorily, subject to the future censure of the 
House, if irregular. He sometimes permits old experienced members 
to assist him with their advice ; which they do, sitting in their seats, 
covered, to avoid the appearance of debate: but this can only be with 
the Speaker's leave, else the division might last several hours. [2 
Hats. 143.] 

The voice of the majority decides. For the lex majoris partisf is the 
law of all councils, elections, &c., where not otherwise expressly pro- 
vided. [Hakew. 93.] But if the House be equally divided, 'semper 
presumatur pro negante ;'J that is, the former law is not to be changed, 
but by a majority. [Towns, col. 184.] 

When, from counting tlie House, on a division, it appears that there 
is not a Quorum, the matter continues exactly in the state in which it 



* With equal gradations, i. e. alphabetically, or otherwise. 
X It is always to be in favor of the negative. 



f Will of the majority. 



TITLE. RECONSIDERATION. 



181 



■was before the division, and must be resumed at that point on any- 
future day. [2 Hats. 126.] 

May 1, 1606, on a question whether a member having said yea, 
may afterwards sit and change his opinion, a precedent was remem- 
bered by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz. 
who, in like case, changed his opinion. [Mem. in Hakew. 27.] 



SECTION XXXVI. 



TITLE 



Re. 65, Ho. 
. p. 85. 



Apter the bill has passed, and not before, the title may be amended, 
and is to be fixed by a question ; and the bill is then sent to the other 
House. 



SECTION XXXVII. 



REC0NSIDERATI0J7. 

In Parliament, a question once carried cannot be questioned again 
at the same session, but must stand as the judgment of the House. 
[ Towns, coll, 67. Mem. in Hakew. 33. ] And a bill once rejected, an- 
other of the same substance cannot be brought in again the same ses- 
sion. [ Hakew. 158. 6 Grey, 392. ] But this does not extend to 
prevent putting the same question in different stages of a bill ; because 
every stage of a bill submits the whole and every part of it to the 
opinion of the Hoiise, as open for amendment, either by insertion or 
omission, though the same amendment has been accepted or rejected 
in a former stage. So in reports of Committees, e. g. report of an 
address, the same question is before the House, and open for free dis- 
cussion. [Towns, coll. 26. 2 Hats. 98,100,101.] So orders of the 
House, or instructions to Committees, may be discharged. So a bill, 
begun in one House, sent to the other, and there rejected, may be re- 
newed again in that other, passed and sent back. [ lb. 92, 3 Hats. 
161. ] Or if, instead of being rejected, they read it once and lay it 
aside, or amend it, and put it off a month, they may order in another to 
the same effect, with the same or a different title. [ Hakew. 97, 98, ] 

Divers expedients are used to correct the effects of this rule, as by 
passing an explanatory act, if any thing has been omitted or ill ex- 
pressed, [ 3 Hats, 278, ] or an act to enforce, and make more effectual an 
act, &c,, or to rectify mistakes in an act, &c., or a Committee on one 
bin may be instructed to receive a clause to rectify the mistakes of an- 



Re. 127, 
Ho. Reps, 
page 102, 



Rule 56, 
Ho. Reps. 



Res. 20 
& 44, Sen. 
pp. 128 & 
135, 



182 



BILLS SENT, &C. — ^AMENDMENTS BETWEEN THE HOUSES. 



Rule 56, 
Ho. Reps, 
page 183. 



Res. 20, 
& 44, Sen. 
pp. 128 & 
135. 



Joint Rs, 
1, 12, 14, 
15 & 16, p. 
107 & 109. 



Joint Re. 
13, p. 109. 



other. Thus, June 24, 1685, a clause was inserted in a bill for recti- 
fying a mistake committed by a Clerk in engrossing a bill of supply. 
[ 2 Hats. 194, 6. ] Or the session may be closed for one, two, three or 
more days, and a new one commenced. But then all matters depending 
must be finished, or they fall, and are to begin de novo.* [ 2 Hats. 94 
to 98. ] Or a part of the subject may be taken up by another bill, or 
taken up in a different way. [ 6 Grey, 304, 316. ] 

And in cases of the last magnitude, this rule has not been so strictly 
and verbally observed, as to stop indispensable proceedings altogether, 
[ 2 Hats. 92, 98. ] Thus, when the address on the preliminaries of 
peace in 1782, had been lost by a majority of one, on accoxmt of the 
importance of the question, and smallness of the majority, the same 
question in substance, though with some words not in the first, and 
which might change the opinion of some members, was brought on 
again and carried ; as the motives for it were thought to outweigh the 
objection of form. [ 2 Hats. 99, 100. ] 

A second bill may be passed to continue an act of the same session ; 
or to enlarge the time limited for its execution. [ 2 Hats. 95, 98. ] 
This is not in contradiction to the first act. 



SECTION XXXYIII. 



BILLS SENT TO THE OTHER HOUSE. 

A BILL from the other house is sometimes ordered to lie on the table, 
[ 2 Hats. 97. ] 

When bills passed in one House and sent to the other, are grounded 
on special facts requiring proof, it is usual either by message, or at a 
conference, to ask the grounds and evidence ; and this evidence, whe- 
ther arising out of papers, or from the examination of witnesses, is 
immediately communicated. [ 3 Hats. 48. ] 



SECTION XXXIX. 



AMENDMENTS BETWEEN THE HOUSES. 

When either House, e. g. the House of Commons, sends a bill to the 
other, the other may pass it with amendments. The regular progres- 
sion in this case is, that the Commons disagree to the amendment ; the 
lords insist on it ; the Commons insist on their disagreement ; the lords 
adhere to their amendment ; the Commons adhere to their disagree- 
ment. The term of insisting may be repeated as often as they choose, 
to keep the question open. But the first adherence by either renders 



AMENDMENTS BETWEEN THE HOUSES. 



183 



it necessary for the other to recede or adhere also ; when the matter is 
usually suffered to fall. [10 Grey, 148. ] Latterly, however, there are 
instances of their having gone to a second adherence. There must be 
an absolute conclusion of the subject somewhere, or otherwise transac- 
tions between the Houses would become endless. [ 3 Hats. 268, 270. ] 
The term of insisting, we are told by Sir John Trevor, was then [1679] 
newly introduced into parliamentary usage by the lords. [ 7 Grey, 
94. ] It was certainly a happy innovation, as it multiplies the oppor- 
tunities of trying modifications which may bring the Houses to a con- 
cui'rence. Either House, however, is free to pass over the term of 
insisting, and to adhere in the first instance. [ 10 Grey, 146. ] But 
it is not respectful to the other. In the ordinary parliamentary course, 
there are two free conferences at least before an adherence. [10 Grey, 
147.] 

Either House may recede from its amendment and agree to the bill ; 
or recede from their disagreement to the amendment, and agree to the 
same absolutely, or with an amendment. For here the disagreement 
and receding destroy one another, and the subject stands as before the 
disagreement. [Elsynge, 23 — 27. 9 Grey, 476.] 

But the House cannot recede from, or insist on, its own amendment, 
with an amendment, for the same reason that it cannot send to the 
other House an amendment to its own act after it has passed the act. 
They may modify an amendment from the other House by ingrafting an 
amendment on it, because they have never assented to it ; but they 
cannot amend their own amendment, because they have, on the ques- 
tion, passed it in that form. •[ 9 Grey, 353. 10 Grey, 240. ] [ U. S. Sen- 
ate, March 29, 1798.] Nor where one House has adhered to their 
amendment, and the other agrees with an amendment, can the first 
House depart from the form which they have fixed by an adherence. 

In the case of a money bill the lords' proposed amendments become, 
by delay, confessedly necessary. The Commons, however, refused 
them as infringing on their privilege as to money bills ; but they offered 
themselves to add to the bill a proviso to the same effect, which had no 
coherence with the lord's amendments ; and urged that it was an expe- 
dient warranted by precedent, and not unparliamentary in a case become 
impracticable, and irremediable in any other way. [ 3 Hats. 256, 266, 
270, 271. ] But the lords refused, and the bill was lost. [1 Chand. 
288.] A like case, [1 Chand. 311.] So the Commons resolved that 
it is unparliamentary to strike out at a conference any thing in a bill 
which hath been agreed and passed by both Houses. [ 6 Grey, 274. 
1 Chand. 312. ] 

A motion to amend an amendment from the other House takes pre- 
cedence of a motion to agree or disagree. 

A bill originating in one House, is passed by the other with an 
amendment. The originating House agrees to their amendment with 
an amendment. The other may agree to their amendment with an 
amendment ; that being only in the second and not the third degree. 
For as to the amending House, the first amendment with which they 
passed the bill is a part of its text ; it is the only text they have agreed 
to. The amendment to that text by the originating House, therefore, 
is only in the first degree, and the amendment to that again by the 
amending House is only in the second, to wit : an amendment to an 
amendment, and so admissible. Just so when, on a bill from the origi- 
nating House, the other, at its second reading, makes an amendment ; 



Joint Rs. 
1, 12, 13, 
14 & 15, 
pp. 107 & 
109. 



184 



CONFERENCES. 



Joint 
Rale, 5, p. 
108. 



Joint 
Rule, 1, p. 
107. 



on the third reading this amendment is become the text of the bill, and, 
if an amendment to it be moved, an amendment to that amendment may 
also be moved, as being only in the second degree. 



SECTION XL. 



CONFEEENCES. 

It is on the occasion of amendments between the Houses that con- 
ferences are usually asked ; but they may be asked in all cases of dif- 
ference of opinion between the two Houses on matters depending 
between them. The request of a conference, however, must always be 
by the House which is possessed of the papers. [ 3 Hats. 31. 1 Grey, 
425.] 

Conferences may be either simple or free. At a conference simply, 
written reasons are prepared by the House asking it ; and they are read 
and delivered, without debate, to the managers of the other House, at 
the conference, but are not then to be answered. [ 3 Grey, 144. ] 

The other House then, if satisfied, vote the reasons satisfactory, or 
say nothing. If not satisfied, they resolvg them not satisfactory, and 
ask a conference on the subject of the last conference ;• where they 
read and deliver, in like manner, written answers to those reasons. 
[ 3 Grey, 183. ] 

They are meant chiefly to record the justification of each House to 
the nation at large, and to posterity, and in proof that the miscarriage 
of a necessary measure is not imputable to them. [ 3 Grey, 255. ] 

At free conferences, the managers discuss viva voce* and freely, and 
interchange propositions for such modifications as may be made in a 
parliamentary way, and may bring the sense of the two Houses together. 
And each party reports in writing, to their respective Houses, the sub- 
stance of what is said on both sides, and it is entered in their Journals. 
[ 9 Grey, 220. 3 Hats. 280. ] 

"This report cannot be amended or altered, as that of a Committee 
maybe." [ Journ. Sen. May 24, 1796. ] 

A conference may be asked, before the House asking it has come to a 
resolution of disagreement, insisting, or adhering. [ 3 Hats. 269, 341. ] 
In which case the papers are not left with the other conferees, but are 
brought back, to be the foundation of the vote to be given. And this 
is the most reasonable and respectful proceeding. For, as was urged 
by the lords on a particular occasion, ' It is held vain, and below the 
wisdom of Parliament, to reason or argue against fixed resolutions, and 
upon terms of impossibility to persuade,' [3 Hats. 226. ] 

So the Commons say, ' An adherence is never delivered at a free con- 
ference, which implies debate.' [10 Grey, 147.] And, on another 
occasion, the lords made it an objection, that the Commons had asked 
a free conference, after they had made resolutions of adhering. 



* With the living voice, i. e. orally 



MESSAGES. 



185 



It was then affirmed, however, on the part of the Commons, that 
nothing was more parliamentary, than to proceed with free conferences 
after adhering. [ 3 Hats. 209. ] And we do, in fact, see instances of 
conference, or of free conference, asked after the resolution of disa- 
greeing ; [3 Hats. 251, 2-53, 260, 286, 291, 316, 349 ; ] of insisting, [ib. 
280, 296, 299, 319, 322, 355 ; ] of adhering, [269, 270, 283, 300;] and 
even of a second or final adherence, [ 3 Hats. 270. ] 

And in all cases of conference asked after a vote of disagreement, &c. 
the Conferees of the House asking it are to leave the papei-s with the 
Conferees of the other; and in one case where they refused to receive 
them, they were left on the table in the conference-chamber. [ Ib, 271, 
317, 323, 354.] [ 10 Grey, 146.] 

After a free conference the usage is to proceed with free conferences, 
and not to return again to a conference, [ 3 Hats. 270, 9 Grey, 229, ] 

After a conference denied a free conference may be asked. [ 1. 
Grey, 45, ] 

When a conference is asked, the subject of it must be expressed, or 
the conference not agreed to. [ Ord. H. Commons, 89. 1 Grey, 425, 
7 Grey, 31. ] They are sometimes asked to inquire concerning an 
oflFence or default of a member of the other House, [ 6 Grey, 181, 1 
Chandler, 304. ] Or the failure of the other House to present to the 
king a bill passed by both Houses. [ 8 Grey, 302. ] Or on informa- 
tion received, and relating to the safety of the nation. [ 10 Grey, 171, ] 
Or when the methods of Parliament are thought by the one House to 
have been departed from by the other, a conference is asked to come 
to a right understanding thereon, [ 10 Grey, 148, ] 

So when an unparliamentary message has been sent, instead of an- 
swering it they ask a conference. [3 Grey, 155. ] 

Formerly, an address, or articles of impeachment, or a bill with 
amendments, or a vote of the House, or concurrence in a vote, or a 
message from the king, were sometimes communicated by way of con- 
ference, [ 6 Grey, 128, 300, 387, 7 Grey, 80. 8 Grey, 210, 255, 1 
Torbuck's Deb, 278, 10 Grey, 293, 1 Chand. 49, 287, ] But this is not 
the modern practice, [ 8 Grey, 255, ] 

A conference has been asked after the first reading of a bill. [1 Grey, 
194. ] This is a singular instance. 



SECTION XLI 



MESSAGES 



Messages between the Houses are to be sent only while both Houses 
are sitting. [ 3 Hats. 15. ] They are received during a debate, with- 
out adjoirrning the debate. [ 3 Hats. 22, ] 

In the House of Representatives, as in Parliament, if the House be in 



Joint Ees, 
1, 12, 13, 
14, 15 & 

16, pages 
107 & 109. 



Re, 27, Ho, 
Reps, p. 
74, and 
joint rules 
2, 3 and 4, 
page 107. 



186 



MESSAGES. 



Re. 27, Ho. 

Eeps. p. 74. 



Joint Res. 
1, 2, 3 & 4, 
p. 107. 



Rule 46, 
Senate, p. 
135. 



Committee when a messenger attends, the Speaker takes the chair to 
receive the message, and then quits it to return into Committee, with- 
out any question or interruption, [ 4 Grey, 226. ] 

Messengers are not saluted by the members, but by the Speaker, for 
the House. [ 2 Grey, 253, 274. ] 

If messengers commit an error in delivering their message, they may 
be admitted, or called in, to correct their message. [4 Grey, 41. ] 

Accordingly, March 13, 1800, the Senate having made two amend- 
ments to a bill from the House of Representatives, their Secretary, by 
mistake, delivered one only ; which being inadmissible by itself, that 
House disagreed, and notified the Senate of their disagreement. This 
produced a discovery of the mistake. The Secretary was sent to the 
other House to correct his mistake, the correction was received, and 
the two amendments acted on de novo.* 

As soon as the messenger, who has brought bills from the other 
House, has retired, the Speaker holds the bills in his hand, and ac- 
quaints the House, ' that the other. House have, by their messenger, 
sent certain bills,' and then reads their titles, and delivers them to the 
Clerk to be safely kept, till they shall be called for to be read. 
[ Hakew. 178. ] 

It is not the usage for one House to inform the other, by what num- 
bers a bill has passed. [ 10 Grey, 150. ] Yet they have sometimes 
recommended a bill, as of great importance, to the consideration of the 
House to which it is sent. [ 3 Hats. 25. ] Nor, when they have re- 
jected a bill from the other House, do Ihey give notice of it ; but it 
passes, sub silentio,f to prevent unbecoming altercations; [ 1 Blackst. 
183.] 

A question is never asked by the one House of the other, by way of 
message, but only at a conference ; for this is an interrogatory, not a 
message. [3 Grey, 151, 181. ] 

When a bill is sent by one House to the other, and is neglected, they 
may send a message to remind them of it. [ 3 Hats. 25. 5 Grey, 154. ] 
But if it be mere inattention, it is better to have it done informally, by 
communications between the Speakers, or members of the two Houses. 

Where the subject of a message is of a nature that it can properly be 
communicated to both Houses of Parliament, it is expected that this 
communication should be made to both on the same day. But where a 
message was accompanied with an original declaration, signed by the 
party to which the message referred, its being sent to one House was 
not noticed by the other, because the declaration, being original, could 
not possibly be sent to both Houses at the same time. [ 2 Hats. 260, 
261, 262. ] 

The king, having sent original letters to the Commons, afterwards 
desires they may be returned, that he may communicate them to the 
lords. [ 1 Chandler, 303. ] 



f In silence. 



ASSENT. — JOURNALS. 



187 



SECTION XLII. 



ASSENT. 

The House which has received a bill and passed it may present it for 
the king's assent, and ought to do it, though they have not by message 
notified to the other their passage of it. Yet the notifying by message 
is a form which ought to be observed between the two Houses, from mo- 
tives of respect and good understanding. [ 2 Hats. 242. ] Were the 
bill to be withheld from being presented to the king, it would be an in- 
fringement of the rules of parliament. [ lb. ] 

When the bill is enrolled, it is not to be written in paragraphs, but 
solidly, and all of a piece, that the blanks between the paragi-aphs may 
not give room for forgery. [ 9 Grey, 143. ] 



SECTION XLIII. 



JOURNALS. 

If a question is interrupted by a vote to adiourn, or to proceed to the 
orders of the day, the original question is never printed in the journal, 
it never having been a vote, nor introductory to any vote ; but when 
suppressed by the previous question, the first question must be stated, 
in order to introduce, and make intelligible the second. [ 2 Hats. 83. ] 

So also when a question is postponed, adjourned, or laid on the table, 
the original question, though not yet a vote, must be expressed in the 
journals ; because it makes part of the vote of postponement, adjom-n- 
ing or laying on the table. 

Where amendments are made to a question, those amendments are 
not printed in the journals, separated from the question; but only the 
question as finally agreed to by the House. The rule of entering in 
the journals only what the House has agreed to, is founded in great 
prudence and good sense ; as there may be many questions proposed 
which it may be improper to publish to the world in the form in which 
they are made. [ 2 Hats. 85. ] 

The first order for printing the votes of the House of Commons was 
Oct. 30, 1685. [1 Chandler, 387.] 

Some judges have been of opinion that the journals of the House of 
Commons are no records, but only remembrances. But this is not law. 
[Hob. no, 111. Lex. pari. 114, 115. Jourl. H. C. Mar. 17, 1592. Hale 
pari. 105. ] For the lords in their House have power of judicature, 
the Commons in their House have power of judicature, and both Houses 
together have power of judicature ; and the book of the Clerk of the 
House of Commons is a record, as is affirmed by act of pari. 6 H. 8, c. 
16, 4 Inst. 23, 24, and every member of the House of Commons hath a 
judicial place. [4 Inst. 15. ] As records they are open to every per- 



Const. Uk 

5. Art. 1, 
Sec. 7, p. 
14. 

Joint Rs. 

6, 7, 8, 9 
& 10, pp. 
108 & 109. 



Const. IT. 
S. Art. 1, 
Sec. 5, p. 
12 

Re. 44, Ho. 
Rep.*p. 79. 



Res. 

& 32, Se 
p. 130. 



188 



ADJOURNMENT. A SESSION. 



Rule 6 
Ho. Reps 

page 68. 



Const. IT, 
S. Art. 1, 
Sec. 5, p. 
13. 

Hes. 48 
& 49, Ho 
Reps, pp 
80 & 82. 



Rule 11, 
Sen. page 
126, 



Const. TJ. 
S. Art. 11, 
Sec. 3, p. 



son, and a printed vote of either House is sufficient ground for the other 
to notice it. Either may appoint a Committee to inspect the journals 
of the other, and report what has been done Tby the other in any parti- 
cular case. [2 Hats. 261. 3 Hats. 27—30. ] Every member has aright 
to see the journals, and to take and publish votes from them. Being a 
record every one may see and publish them. [ 6 Grey, 118, 119. ] 

On information of a misentry or omission of an entry in the journal, 
a Committee may be appointed to examine and rectify it, and report it 
to the House. [ 2 Hats. 194, 5. ] 



SECTION XLIY. 



ADJOURNMENT. 

The two Houses of Parliament have the sole, separate, and inde- 
pendent power of adjourning each their respective Houses. The king 
has no authority to adjourn them; he can only signify his desire, and 
it is in the wisdom and prudence of either House to comply with his 
requisition, or not, as they see fit. [ 2 Hats. 232. 1 Blackstone, 186. 
6 Grey, 122. ] 

A motion to adjourn simply cannot be amended as by adding < to a 
particular day.' But must be put simply ' that this House do now ad- 
journ?' and if carried in the affirmative, it is adjourned to the next 
sitting day, unless it has come to a previous resolution ' that at its rising 
it will adjourn to a particular day,' and then the House is adjourned to 
that day. [ 2 Hats. 82. ] 

Where it is convenient that the business of the House be suspended 
for a short time, as for a conference presently to be held, &c., it ad- 
journs during pleasure. [ 2 Hats. 305. ] Or for a quarter ^f an hour, 
[SGrey, 331. ] 

If a question be put for adjournment it is no adjournment till the 
Speaker pronounces it. [5 Grey, 137. ] And from courtesy and re- 
spect, no member leaves his place till the Speaker has passed on. 



SECTION XLY. 



A SESSION. 



Parliament have three modes of separation, to wit: by adjournment, 
by prorogation, or dissolution by the king, or by the efflux of the term 
for which they were elected. Prorogation or dissolution constitutes 
there what is called a session, provided some act has passed. In this 
case all matters depending before them are discontinued, and at their 



TREATIES. 



189 



next meeting are to be taken up de novo, - if taken up at all. [ 1 
Blackst. 186. ] Adjournment, which is by themselves, is no more than 
a continuance of the session from one day to another, or for a fortnight, 
a month, &c., ad libitum. f All matters depending remain in statu quo,| 
and when they meet again, be the term ever so distant, are resumed 
without any fresh commencement, at the point at which they were left. 
[ 1 Lev. 165. Lex. Pari. c. 2. 1 Ro. Rep. 29. 4 Inst. 7, 27, 28. Hutt. 
61. 1 Mod. 252. Ruffb. Fac's. L. Diet. Parliament. 1 Blackst. 186. ] 
Their whole session is considered in law but as one day, and has rela- 
tion to the first day thereof. [ Bro. abr. parliament. 86. ] 

Committees may be appointed to sit during a recess by adjournment, 
but not by prorogation. [5 Grey, 374. 9 Grey, 350. 1 Chandler, 50. ] 
Neither House can continue any portion of itself in any parliamentary 
function, beyond the end of the session, without the consent of the 
other two branches. When done, it is by a bill constituting them com- 
missioners for the particular purpose. 

When it was said above, that all matters depending before parliament 
were discontinued by the determination of the session, it was not meant 
for judiciary cases, depending before the House of Lords, such as im- 
peachments, appeals, and writs of error. These stand continued, of 
course, to the next session. [Raym, 120, 381. Ruffb. Fac. L. D. Par- 
liament. ] 



SECTION XLYI. 



TREATIES. 



Treaties are legislative acts. A treaty is a law of the land. It dif- 
fers from other laws only as it must have the consent of a foreign 
nation, being but a contract with respect to that nation. In all coun- 
tries, I believe, except England, treaties are made by the legislative 
power : and there also, if they touch the laws of the land, they must be 
approved by Parliament. [ Ware v. Hylton, 3 Dallas rep. 273. ] It 
is acknowledged, for instance, that the king of Great Britain cannot by 
a treaty make a citizen of an alien. [ Vattel. B. 1. c. 19, sec. 214. ] 
An act of parliament was necessary to validate the American treaty of 
1783. And abundant examples of such acts can be cited. In the case 
of the treaty of Utretcht in 1712, the commercial articles required the 
concurrence of parliament. But a bill brought in for that purpose was 
rejected. France, the other contracting party, suffered these articles, 
in practice, to be not insisted on. and adhered to the rest of the treaty. 
[ 4 Russel's Hist. Mod. Europe 457. 2 SmoUet. 242, 246. ] 



* Anew. 

J In their former condition. 



f At pleasure. 



Joint Re. 
20, p. 110. 



Const. U. 
S. Art. 11, 
Sec. 2, p. 
28 

Rs. 37 & 
38, Sen. p. 
133 & 131. 



190 



IMPEACHMENT. 



Const. U, 
S. Art. 111. 
Sec. 2, p, 
32. 

Const. U. 
S. Art. 1, 
Sec. 2, p. 
8, and Art, 
1, Sec. 3, p. 
10. Also, 
Art 11. Sc, 
i, p. 30. 



SECTION XLYII 



IMPEACHMENT. 

Jurisdiction, The lords cannot impeacli any to themselves, nor join 
in the accusation, because they are the judges. [ Seld. Judic. in pari. 
12, 63. ] Nor can they proceed against a commoner but on complaint 
of the Commons, [ id. 84. ] The lords may not, by the law, try a com- 
moner for a capital offence, on the information of the king, or a private 
person ; because the accused is entitled to a trial by his peers gene- 
rally ; but on accusation by the House of Commons, they may proceed 
against the delinquent, of whatsoever degree, and whatsoever be the 
nature of the offence ; for there they do not assume to themselves trial 
at common law. The Commons are then instead of a jury, and the 
judgment is given on their demand, which is instead of a verdict. So 
the lord's do only judge, but not try the delinquent. [Id. 6, 7. ] But 
Wooddeson denies that a commoner can now be charged capitally before 
the lords, even by the Commons; and cites Fitzharris's case, 1681, 
impeached of high treason, where the lords remitted the prosecution to 
the inferior court. [ 8 Grey's deb. 325 — 7, 2. Wooddesson, 601, 576. 
3 Seld. 1610, 1619, 1641. 4 Blacks. 257. 3 Sed. 1604, 1618, 9, 1656. ] 
Accusation. The Commons, as the grand inquest of the nation, be- 
come suitors for penal justice. [2 Woodd. 597. 6 Grey, 356.] The 
general course is to pass a resolution containing a criminal charge 
against the supposed delinquent, and then to direct some member to 
impeach him by oral accusation, at the bar of the House of Lords, in 
the name of the Commons. The person signifies that the articles will 
be exhibited, and desires that the delinquent may be sequestered from 
his seat, or be committed, or that the peers will take order for his ap- 
pearance. [ Sachev. trial. 325. 2 Wood. 602, 605. Lords. Journ. 3 
June, 1701. 1 Wms. 616. 6 Grey, 324. ] 

Process. If the party do not appear, proclamations are to be issued, 
giving him a day to appear. On their return they are strictly exam- 
ined. If any error be found in them, a new proclamation issues giving 
a short day. If he appear not, his goods may be arrested, and they 
may proceed. [ Seld. Jud. 98, 99. ] 

Articles. The accusation (articles) of the Commons is substituted in 
place of an indictment. Thus, by the usage of parliament, in impeach- 
ment for writing or speaking, the particular words need not be specified. 
[ Sach. tr. 325. 2 Wood. 602—605. Lords. Journ. 3 June, 1701. 1 Wms. 
616. ] 

Appearance. If he appears, and the case be capital, he answers in 
custody : though not if the accusation be general. He is not to be 
committed but on special accusations. If it be for a misdemeanor only, 
he answers a lord in his place, a commoner at the bar, and not in cus- 
tody, unless, on the answer, the lords find cause to commit him, till he 
find sureties to attend, and lest he should fly. [ Seld. Jud. 98, 99. ] A 
copy of the articles is given him, and a day fixed for his answer. [ T. 
Ray. 1 Rushw. 268. Fost. 232. 1 Clar. Hist, of the reb. 379. ] On a 
misdemeanor, his appearance may be in person, or he may answer in 
writing, or by attorney. [ Seld. Jud. 100. ] The general rule on an 



IMPEACHMENT. 



191 



accusation for a misdemeanor is, that in such a state of liberty or re- 
straint as the party is when the Commons complain of him, in such he 
is to answer. [ Id. 101. ] If previously committed by the Commons, 
he answers as a prisoner. But this may be called in some sort judicium 
parium suorum."^ [lb. ] In misdemeanors the party has a right to 
counsel by the common law ; but not in capital cases. [ Seld. Jud. 
102—5. ] 

Answer. The answer need not observe great strictness of form. He 
may plead guilty, as to part, and defend as to the residue ; or, saving 
all exceptions, deny the whole, or give a particular answer to each ar- 
ticle separately. [ 1 Rush. 274. 2 Rush 1374. 12 Part. hist. 442. 3 
Lords. .Journ. 13 Nov. 1643. 2 Wood. 607. ] But he cannot plead a 
pardon in bar to the impeachment. [ 2 Wood. 615! 2 St. tr. 735. ] 

Replication, Rejoinder, &c. There may be a replication, rejoinder, 
&c. [Seld. Jud. 114. 8 Grey's deb. 233. Sacher. tr. 15. Journ. H. of 
Commons, 6 March, 1640, 1. ] 

Witnesses. The practice is, to swear the witnesses in open House, 
and then examine them there : or a Committee may be named, who 
shall examine them in Committee, either on interrogatories agreed on 
in the House, or such as the Committee in their discretion shall demand. 
[ Seld. Jud. 120, 123. ] 

Jury. In the case of Alice Pierce, 1 R. 2, a jury was impanelled for 
her trial before a Committee. [ Seld. Jud. 123. ] But this was on a 
complaint, not on impeachment, by the Commons. [ Seld. Jud. 163. ] 
It must also have been for a misdemeanor only, as the lords spiritual 
sat in the case, which they do on misdemeanors, but not in capital 
cases. [Id. 148. ] The judgment was a forfeiture of all her lands and 
goods. [Id. 188.] This, Shelden says, is the only jury he finds re- 
corded in parliament for misdemeanors : but he makes no doubt, if the 
delinquent doth put himself on the trial of his country, a jtu-y ought to 
be impanelled, and he adds that it is not so on impeachment by the 
Commons; for they are in loco proprio,f and there no jury ought to be 
impanelled. [ Id. 124. ] The Ld. Berkeley, 6 E. 3, was arraigned for 
the murder of L. 2, on an information on the part of the king, and not 
on impeachment of the Commons ; for then they had been patria sua. J 
He waived his peerage, and was tried by a jury of Gloucestershire and 
Warwickshire. [Id. 125. ] In 1 H. 7, the Commons protest that they 
are not to be considered as parties to any judgment given, or hereafter 
to be given in parliament. [ Id. 133. ] They have been generally, 
and more justly considered, as is before stated, as the grand jury. For 
the conceit of Selden is certainlj^ not accurate, that they are the patria 
sua of the accused, and that the lords do only judge, but not try. It 
is undeniable that they do try. For they examine witnesses as to the 
facts, and acquit or condemn, according to their own belief of them. 
And Lord Hale says, 'the peers are judges of law as well as of fact.' 
[2 Hale, P. C. 275. ] Consequently of fact as well as of law. 

Presence of Commons. The Commons are to be present at the ex- 
amination of witnesses. [ Seld. Jud. 124. ] Indeed they are to attend 
throughout, either as a Committee of the whole House, or otherwise, at 
discretion, appoint managers to conduct the proofs. [ Rushw. tr. of 
Straff, 37. Com. Journ. 4 Feb. 1709, 10. 2 Wood. 614. ] And judg- 



* .Judgment of his peers, 
J The country. 



• equals 



In the right pis 



Const. U. 
S. Art. 1, 
Sec. 3, p. 
10. 



8* 



192 



IMPEACHMENT. 



Const. U. 
S. Art. 1, 
Sec. 3, p. 
10. 



ment is not to be given till they demand it. [ Seld. Jud. 124.] But 
they are not to be present on impeachment when the lords consider of 
the answer or proofs, and determine of their judgment. Their presence 
however is necessary at the answer and judgment in cases capital. [ Id. 
158, 159, as well as not capital, 162. ] The lords debate the judgment 
among themselves. Then the vote is first taken on the question of 
guilty or not guilty: and if they convict, the question, or particular 
sentence, is out of that which seemeth to be most generally agreed on. 
[ Seld. Jud. 167. 2 Wood. 612. ] 

Judgment. Judgments in parliament for death have been strictly 
guided per legem terrse,^ which they cannot alter : and not at all accord- 
ing to their discretion. They can neither omit any part of the legal 
judgment, nor add to it. Their sentence must be secundum, non ultra 
legem.-j- [Seld. Jud. 168 — 171.] This trial, though it varies in external 
ceremony, yet differs not in essentials from criminal prosecutions before 
inferior courts. The same rules of evidence, the same legal notions of 
crimes and punishments prevail. For impeachments are not framed to 
alter the law, but to carry it into more effectual execution against too 
powerful delinquents. The judgment therefore is to be such as is war- 
ranted by legal principles or precedents. [ 6 Sta. tr. 14. 2 Wood. 611. ] 
The chancellor gives judgments in misdemeanors ; the Lord High Steward 
formerly in cases of life and death. [ Seld. Jud. 180. ] But now the 
steward is deemed not necessary. [Fost. 144. 2 Wood. 613.] In mis- 
demeanors the greatest corporal punishment hath been imprisonment. 
[ Seld. Jud. 184. ] The king's assent is necessary in capital judgments, 
(but 2 Wood, 614, contra) but not in misdemeanors. [ Seld. Jud. 136. ] 

Continuance. An impeachment is not discontinued by the dissolution 
of parliament, but may be resumed by the new parliament. [ T. Ray. 
383. 4 Com. Journ. 23 Dec. 1790, Lords Jour. May 16, 1791. 2 Wood. 
618.] 



By the law of the land. 



■f According to, not against law. 




FINIS. 



INDEX TO JEFFERSON^S MANUAL. 



193 



INDEX TO JEFFERSON'S MANUAL. 

Absence, 

Address, • • 

Adjournment, 

Amendment, 

" Between the Houses, .... 

Arrangement of Business, 

Assent, . 

Bills, Leave to Bring in, 

♦' First Reading, 

" Second Reading, . • . . . ' . 

" Recommitment, 

'< Report Taken Up, 

" Second Reading in tlie House, 

" Third Reading, 

" Sent to the Other House, .... 

Call of the House, 

Committees, 

Of the Whole, 

" Report of, 

" Quasi, 

Conferences, 

Debate, Order in, ....... 

Errors, Way to Amend, 

Felony, Mode of Proceeding on Charge of, . 
Gallery, Committee cannot Punish for disorder in, . 
House, Division of the, ...... 

" Orders of the, 

Impeachment, . . . ... 

Journals, ........ 

Longest Time Question first put, . , . . 

Messages, ........ 

Motions, Respecting, 

Order, " 

Papers, Orders Respecting, 

Petitions, 

Privilege, 

Questions, Privileged, 

" Previous, 

*' Division, 

" Co-existing, ..•«., 

*' Equivalent, 

*« Putting the, .....". 

Quorum, . . . . . . • . 

Reconsideration, 

Resolutions, Respecting, 

Rules, Importance of Adhering to, ... . 

Session, Respecting a, 

Speaker, «< «c 

Title, " the, 

Treatise, " 

Vote, Cannot till sworn, 

Witnesses, Examination of, . . . . , 



N 



PAGE 

151 

152 

188 

173 

182 

155 

187 

161 

162 

162 

163 

165 

166 

178 

182 

151 

152 

153 

164 

166 

184 

156 

156 

149 

166 

179 

159 

190 

187 

171 

185 

161 

155 

156 

160 

148 

168 

172 

175 

176 

177 

178 

150 

181 

161 

147 

188 

151 

181 

189 

149 

154 



EXTRACT OF A LETTER FROM EX-GOVERNOR W. G. D. WORTHINGTON. 

I HAVE examined " Burleigh's Legislative Guide," and find, as its 
name implies, that it is indispensable for every legislator who desires 
to establish a uniform system of rules for conducting public business 
throughout the United States, In my humble judgment, every State 
Legislature will immediately adopt it as their standard as soon as the 
merits of the work can be known. 

W. G. D. WORTHINGTON. 



I am convinced that the "Legislative Guide" will prove a valuable 
text-book for collegiate students, and will use it as such at St. Timo- 
thy's Hall, believing that every young American ought to be acquainted 
with the routine of order appropriate to legislative assemblies. 

L. VAN BOHKELEN, Rector. 

St. Timothy's Hall, Catonsville, Md., Feb. 26, 1852. 



Ex. of Letter from Hon. J, C. Legrand, Ch. Justice Court of Appeals, Md. 

Baltimore, Feb. 9, 1852. 
The plan of the Legislative Guide enables the student or legislator 
to discover, with facility, the rule and reason for it, in each particular 
instance, and must, therefore, be of great value to legislative and other 
deliberative bodies. JNO. CARROLL LEGRAND. 



At a meeting of the School Commissioners of Baltimore held Feb, 10, 
1852, the following resolutions were unanimously adopted : Resolved, 
That the American Manual ; — that the Thinker ; — that the Practical 
Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into 
the Public Schools of Baltimore. 

J. W. TILYARD, Clerk Com. Pub. Sch. Balto. 



At a meeting of the- Controllers of Public Schools, First District of 
Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 
10th, 1850, the following resolution was adopted : — 

Resolved, That the American Manual, by Joseph Bartlett Burleigh, 
be introduced as a class-book into the Grammar Schools of this District. 

ROBERT J. HEMPHILL, Sec. 



Philadelphia, Nov. 13, 1851. 
At a meeting of the Controllers of Public Schools, First District of 
Pennsylvania, held on Tuesday, Nov. 11th, 1851, the following resolu- 
tion was adopted : 

Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- 
duced as a class-book into the Public Schools of this District. 

ROBERT J. HEMPHILL, Sec. 

(194) 



THE CITIZENS^ MANUAL, 



COSTAISING A 



A FORM FOR ORGANIZING 



LITERARY AND DEBATING SOCIETIES, 



A CONCISE SYSTEM OF UNIFORM RULES OF ORDER, FOUNDED ON THE REGULATIONS FOR CON- 
DUCTING BUSINESS m THE 



HOUSE OF REPRESENTATIVES OF THE U. S., 



TO SECURE THE UNIEORMITY AND DISPATCH OF BUSINESS IN ALL SOCIETIES, 

AND SECULAR MEETINGS, ANT) IN ALL RELIGIOUS, POLITICAL 

AND LEGISLATIVE ASSEMBLIES, 



MARGINAL REFERENCES TO THE CORRESPONDING ORDER OF CONGRESS 

FROM WHICH THE RULE IS DERIVED, A SYNOPSIS OF THE BRITISH 

CONSTITUTION, VALUABLE STATISTICAL TABLES, THE CENSUS 

OF 1850, AND A COMPLETE INDEX. 



PREFACE 



The right way of conducting the business of any meeting or 
society, by applying the proper rules, is exceedingly simple and 
easy to understand. 

All rules of order, from the humblest juvenile association to the 
highest legislative assembly, should have for their basis the same 
system, wisely arranged in order to secure accuracy in business, 
economy of time, method, consistency, and equity. 

The Legislative proceedings of a monarchy frequently have a 
tendency to exalt the few, by depressing the many. As the laws 
enacted by Parliament are not the most congenial to the best inter- 
ests of a Republic, so neither is the voluminous and complicated 
system of rules, which best subserve the interests of a kingly legisla- 
ture, the most suitable for an assembly of freemen, where all have 
equal rights and equal claims. 

The design of this work is to establish a uniform standard of 
rules, deduced from the regulations of the most exalted deliberative 
body of the world, for the management of public meetings, of every 
kind, throughout the Union. 

[ ^ ] The rules of Congress, like all other human productions, are 
not perfect, but they have been gradually formed, with the utmost 
care, to suit the genius of our republican institutions. Some of the 
most learned and patriotic of the present and the past age have, for 
a series of years, practically tested the working of each rule through 
every phase of legislation. Hence if any forms can command universal 
respect and confidence it must be those for conducting business in 
the Congress of the United States. 

[I] The American people are pre-eminently remarkable for asso- 
ciations and societies of every description, the object of which is to 
promote improvement in our social relations, in benevolence, in 
government, in literature, and in piety. Nothing contributes so 
much to the respectability, dignity, and usefulness of these various 
convocations, as a regular, uniform, orderly, and methodical mode 
of conducting business. 

=========================================== 



198 



PREFACE. 



A general knowledge of proper legislative rules always tends to 
economize time, secure the dispatch of business, and harmonize all 
the proceedings. Nothing is hazarded in the assertion, that for the 
want of the timely enforcement of correct uniform rules of order 
hatred has been engendered, philanthropic movements defeated, 
and the welfare of the majority sacrificed to aggrandize the few. 

" Knowledge is power" — Whence the necessity for its general diffu- 
sion. The nature of our unequalled social and political institutions 
presupposes that every citizen takes a part in deliberative meetings 
of some kind. Whether it be in the school boy's debating club or 
the collegian's society, the poor man's beneficial association or 
the banker's corporation, the small meeting at the rustic school- 
house, or the vast assemblage at the national capitol, a mite 
society or the highest ecclesiastical convention, the knowledge of a 
correct uniform mode of conducting business contributes, in the 
highest degree, to success. 

[ I ] The rules here laid down may, by the marginal references, be 
traced to those of Congress, or to the Constitution of the United 
States. 

fi [ ^ ] To restore confidence when doubt prevails, to bestow sys- 
tem when anarchy rules, to give uniformity and accuracy in doing 
every kind of public business by assembled citizens, to economize 
time and promote the dignity of legislation in every part of our 
confederacy, is the object of the Citizens' Manual. 

[ ^ ] As its name purports, it is designed for the use of every 
citizen, and should be owned and read by every one who feels an 
interest in sustaining the dignity of our social compact, in dissemi- 
nating the blessings of liberty in other countries, and in transmitting 
the inestimable privileges of a Republican Government to future 
generations. 



INTEODUCTION 



In the United States all power is vested in the 
hands of the people. Every citizen exerts a 
primary influence that either tends to destroy or 
perpetuate our social and political institutions. 
It is universally conceded that general intelli- 
gence and sound morality are indispensable safe- 
guards, without which every Republic must be 
ruined. Europe sends to our shores, on an aver- 
age, more than a thousand inhabitants for each 
and every day in every year. 

[§] A large majority, of this dow^n trodden 
population, have arrived at years of maturity 
without any correct knowledge of a Republican 
government. Being neither able to read nor 
write, they seem to have no other idea of liberty 
than that of unrestrained licentiousness. 

[§] Hence they plunge into all manner of vice 
and dissipation, and hence the poor houses and 
prisons of all our atlantic cities are filled, with more 
than two to one, of this class. Ragged and dis- 
sipated, having none to enlighten them, they soon 
grow more callous, and become the sappers instead 
of the supporters of our glorious institutions. 

[§] The quickest, the most effective way to 

(199) 



200 



INTRODUCTION. 



promote a universal love for knowledge and pure 
morality, is by enlisting all the people into social 
meetings for mental and moral culture, by forming 
various debating, beneficial, literary, and religious 
societies, each, of which, in its proper sphere, tends 
to engender a spirit of inquiry and a desire for ra- 
tional pursuits. 

[§] Social elevation should occupy the leisure 
of the whole community, and thereby impart a 
relish for useful vocations and the true enjoyments 
of life. 

[§] The bitter fruits of monarchy, sent us in 
the shape of adult pauper population, must be 
sweetened and rendered serviceable by societies 
for general improvement, or they will endanger 
the very existence of our social fabric. 

[§] Let a proper literary spirit pervade the 
land, and on all haunts of dissipation, jails, and 
prisons, may be written, " To let." 

[§] The human mind must have employment. 
The minister, the lawyer, the physician^ the 
school-master, the merchant, the mechanic, the 
farmer, and the best educated, should either take 
the lead or an active part in forming and sus- 
taining debating, literary, and- other ennobling 
societies. 

[§] ^y ^^i® means the minds of all may be 
aroused to the paramount importance of mental 
culture and rational improvement. Vast multi- 
tudes may thus be saved who otherwise would 
annually become the new supporters of the haunts 



INTRODUCTION. 201 



of iniquity, and in rotation ruin their health, 
blast their character, and sink into premature and 
ignoble graves. 

[§] But the real benefits of debating and other 
societies are not confined to the illiterate alone, for 
the rich harvest is enjoyed by all. 

[§] To say nothing of the literati of the old world 
whose writings and whose deeds are as imperisha- 
ble as the history of civilization, there have been 
multitudes of eminent men in the United States, 
who, but for the literary society, might have lived 
useless lives and, unhonored, died in obscurity. 

[§] Clay commenced his career at a village so- 
ciety, and Franklin formed a debating club of two 
associates. 

[§] As the sculptor turns the roughest marble 
into speaking beauty, and as the lapidary trans- 
forms the most insignificant pebble into the bril- 
liant diamond, so does the literary society disclose 
the inherent beauties and powers of the mind, by 
bringing to the service of man and to the glory of 
God genius and talent that otherwise might have 
existed only to breed wickedness and misery. 

[§] To forward the vital object of mental illu- 
mination and moral culture, a brief form has been 
given in this Manual for establishing societies for 
social and general improvement. This form is so 
simple and easy to be understood, that all who 
read intelligibly can comprehend it. 

[§] An outline has also been added for con- 
ducting discussions and preparing lectures, and it 



202 



DIRECTIONS FOE FORMING SOCIETIES. 



is to be hoped that every intelligent citizen will 
take a deep and an abiding interest in promoting 
societies for the general diffusion of knowledge. 

[§] It is believed that any person of common 
intelligence, by studying this book, may make 
himself not only competent to take part in any 
society, but also to preside over its deliberations, 
and determine questions of order with ease and 
accuracy. 

[§] No one can reasonably bring forward the 
plea that it is not necessary for him to understand 
legislative rules, from the fact that he never 
intends to preside at any meeting, for those who 
are ignorant of these forms yield much power into 
the hands of those who know them. 

[§] An adroit presiding officer often has it in 
his power to control the action of vast assemblies, 
who are ignorant of the right rules for conducting 
public business. 

[§] Hence, to guard against official encroach- 
ment, as well as against the combination of a few 
well informed members, it becomes the duty of all 
to know the proper way of proceeding in delibera- 
tive assemblies. 

DIRECTIONS FOR FORMING SOCIETIES. 

[§] If you wish the advantages of a Literary 
Society, in your village or town, either for your 
own or other's benefit, call on your neighbours, 
propose the subject, state the objects of such a 
society, and obtain as many as you can to co- 



DIRECTIONS FOR FORMING SOCIETIES. 203 



operate with you in this noble work. Get a few 
of the most influential citizens to call a meeting to 
organize a society — either state to the audience 
the importance of such an institution, or prevail 
on a clergyman, or some other influential indi- 
vidual, to do it. Secure a committee to draft a 
constitution, or have one already prepared. 

[§] Be not discouraged, if but few attend the 
meetmg or co-operate with you. " The most efli- 
cient literary society of the world had its origin 
with two individuals, who by accident met at a 
hotel in London, and in conversation on the de- 
plorable ignorance of the great mass of the people, 
one proposed to the other the formation of a society 
that would have a direct influence in the diflusion 
of useful knowledge, to which the other heartily 
assented. 

[§] They made arrangements, and advertised a 
meeting for the purpose of organizing a society, 
but no one attended with them; one appointed 
the other president, and he in turn his associate 
secretary — they discussed and passed resolutions, 
which were published in the papers, with the 
statement that they were passed at a respectable 
meeting called for the purpose of forming a society 
for the diflusion of useful knowledge, and that 
another meeting would be held at such a time, 
which was attended by a large audience of the 
wealthy and influential, not only of London, but 
from many parts of the British empire ; and since 
then the society has, with constantly increasing 



204 



PRELIMINARY OBSERVATIONS. 



Prayer. 



Re. l,Ho. 
Reps, page 
67. Meeting 
opened. 



Const. 
S. Art. 
Sec. 5, p. 12. 



Quorum. 



energy, been scattering light, knowledge, and innu- 
merable blessings over the civilized world."* 

PRELIMINARY OBSERVATION-S. 

§ 1 . Both Houses of Congress precede the business 
of each day with Prayer.*j- This righteous example 
was set by the founders of our Government, and is 
commended to all deliberative bodies and associa- 
tions of whatever name or character ; for no un- 
dertaking can ever attain permanent usefulness 
without the approval and the blessing of the Most 
High. 

§ 2. Every meeting should be opened precisely at 
the time appointed. The presiding officer on taking 
the Chair should at once call the meeting to order. J 
His first duty is to ascertain if a quorum be present. 
This he may do, by either counting, or requiring 
the secretary to call over, the names of those 
assembled. 

MANNER OF ORGANIZING. 

§ 1. No business can be legally transacted without 
a quorum. Hence the president should not continue 



* Wright's Casket. 

f Each House elects its own chaplain at the beginning of every 
session. The chaplains usually belong to different denominations, and 
alternate with each other i. e., A officiates in the Senate and B in the 
House of Representatives on Monday ; but on Tuesday B conducts the 
religious exercises of the Senate, and A those of the House of Repre- 
sentatives. 

J In case the members are engaged in conversation, &c., this is done 
by rapping on the desk or table, and saying the meeting will please come 
to order. 



PRELIMINABY OBSERVATIONS. 



205 



to occupy his s€at unless that number be present.* 
When, any time after the meeting is opened, a 
member suspects that a quorum is wanting, he 
may call for the body to be counted. A deficiency 
being found business should, at once, be suspended. 

§ 2. Should there not be a quorum it is usual to 
wait half an hour and then adjourn, provided a 
legal number, for transacting business, cannot be 
convened. The adjournment when there is less 
than a quorum must, of course, be to the next 
regular time for assembling ; but a special meeting 
may be called whenever occasion requires. 

§ 3. When the clerk* calls the roll each mem- 
ber should rise as his name is called and answer. 
Absentees should be noted, and their names called 
a second time, when excuses may be heard. 

§ 4. The members rise that they may be re- 
cognized I this rule, however, need not be enforced 
in small bodies, nor in large ones where the 
members are presumed to be well acquainted. 

§ 5. The main object is to facilitate acquaint- 
anceship at anniversaries, conferences, and con- 
ventions, where various sections of the Union are 
represented. 

§ 6. No member of a legislative body should 
absent himself from its meetings without leave. f 



* Or secretary, as the case may be. 

■\ When any member wishes to be absent for a few days he should 

rise and say, Mr. President I ask leave of absence for days from 

to-day. Or in case a member happens to be unexpectedly detained from 
the assembly, he may obtain leave of absence through the agency of 
any other member. 



Re. 65 Ho. 
Reps. p. 85, 
and Re. 126, 
p.lOL 



Roll call. 
Re. 62, 63 
Ho. Reps. p. 
85. 

See Jeff. 
Man. p. 151, 
this book. 



Custom of 

Congress. 



Re. 66 Ho. 

Reps. p. 85. 



206 



PRELIMINARY OBSERVATIONS. 



Re. 8, Sen. 
p. 126. 



Mode Elec- 
ting Speak'r 
House Reps 

U.S. 



Con. U. S. 
Art. 1, Sec. 
5, page 12. 

Tellers. 



A less number than a quorum may send for any or 
all the absent members. This rule applies to the 
first and every subsequent meeting. 

THE PRESIDING OFFICER.* 

§ 1. The speakerf of the House of Eepresenta- 
tives of the United States is usually elected in the 
following way: On the day appointed for the 
meeting of Congress, the representatives assemble 
in their hall at 12 M. The clerk of the last 
House opens the session by calling the names of 
the members by states and territories. 

§ 2. A quorum being present, the clerk names, 
with the permission of the House, two or more 
members to act as tellers, making the selection 

^ The presiding officer of the Upper House of Legislatures, of Lite- 
rary Societies, of Bank Directors, of Colleges, and of Rail-Road Com- 
panies, and in fact all other corporations, is usually styled the Presi- 
dent ; of a Religious Convention, or a town meeting, a Moderator ; 
of the Lower House of Legislatures, a Speaker ; of a called meeting 
or of a Committee, Chairman ; of a Medical Faculty, >Dean. By 
giving the following form for electing Presiding officers, it is not 
proposed to change their title in any way, but only to secure uniformity 
in electing them by ballot, throughout the country. It should also be 
understood that the rule laid down above has reference solely to pre- 
siding officers who are elective, and does not apply to corporations and 
societies which provide for a chairman without election ; in some associa- 
tions, and especially in ecclesiastical conventions, provision is made 
that the senior member shall be the President, i. e. the one who has 
been longest a member of the association ; not the one who has attained 
the greatest age, unless he also happens to be the oldest member. The 
Rules, however, which follow should be binding, alike, on all Presiding 
officers. They are based on those of Congress, and unless they are, in the 
main, complied with, all hope of uniformity and regularity in con- 
ducting Legislative business throughout the Union must be abandoned. 

I For President of the Senate see Art. I. Sec. 3, page 9 Const. U. S. 



PRELIMINARY OBSERVATIONS. 



207 



from each of the prominent political parties. Then 
the members present proceed to elect^ by ballot, 
their Speaker. 

§ 3. It is the duty of the tellers to announce 
distinctly the names of each of the members re- 
ceiving votes, so that all may count the ballots for 
the several candidates, and thereby the better 
guard against any oversight or error. 

§ 4. The Speaker* is required to have a majority 
of all the votes given, and is seldom elected on the 
first balloting, unless the dominant party had 
previously held a caucus,f and even then the 
nominated candidate is liable to be defeated by 
the running of other members, J or by the coalition 
of minorities. 



* In case of a removal, death, resignation, or inability both of the 
President and Vice-President of the United States, the President of the 
Senate pro tempore, and, in case there shall be no President of the 
Senate, then the Speaker of the House of Representatives, for the 
time being, shall act as President of the United States until the disa- 
bility be removed or a President shall be elected. Act of Congress, 
March 1st, 1792. See also Art. II. Const. U. S., Sec. 1. The Speaker 
receives sixteen dollars per day, appoints all committees not elected by 
ballot ; he has povrer to call any member to the chair, and many other 
minor prerogatives which enable him to hold a commanding position 
and gain the courtesy of his associates. The Speaker of the House of 
Commons receives a salary and other perquisites equivalent to about 
forty thousand dollars per year. 

-j- A meeting to agree on a party candidate. 

X The XXXI. Congress convened on Monday the 3d day of Dec. 1849. 
The members proceeded at once to vote for their Speaker. After sixty- 
two ineifectual ballotings, the Rule requiring the Speaker to receive a 
majority of all the votes polled was suspended and a plurality only re- 
quired. The Hon. Howell Cobb was elected Speaker on the sixty-third 
trial, Dec. 23d, 1849. The whole number of votes polled was 222, and 
distributed among ten members in the following order : for Howell Cobb, 
102; R. C. Winthrop, 100; David Wilmot, 8; C. S. Morehead, 4'; 



Speaker. 
Majority. 



208 



FORM OF ORGANIZATION IN A STATE LEGISLATURE. 



Speaker 
elected, Ho. 
Reps. U. S. 



CJonst. U. 
S., Art. 6, 
Sec. 1, p. 38. 



Officers 
elected. 



organized. 



§ 5. When a member has received a majority 
of all the votes given^ or in case the rule is sus- 
pended, a plurality, the clerk proclaims him 
Speaker. Then he is customarily conducted to 
his seat by two of the most venerable members, 
takes the oath of office* and delivers a brief in- 
augural address. The remaining members are 
then qualified, and the clerk, sergeant-at-arms, 
door-keeper, and other officers elected. 

§ 6. When the House is duly organized a message 
is sent to the Senate announcing the same. The 
first business of each house is usually to appoint a 
joint committee to wait on the President of the 
U. S. and inform him that Congress. is ready to 
receive any communication he may be pleased to 
make. 

FORM OF ORGANIZATION IN A STATE LEGISLATURE.f 

By the House of Kepresentatives 



ives, 1 



Jan, — , 185 
Gentlemen of the Senate : 

The House of Representatives is ready to pro- 
ceed with the business of the session. We have 
chosen Speaker, and — Clerk. 



By order, 



Clerk. 



Wm. Strong, 3 ; A. H. Stephens, 1 ; Wm. F. Colcock, 1 ; Chas. Dur- 
kee, 1 ; E. D. Potter, 1 ; Linn Boyd, 1. 

* By an act of Congress, June 1, 1798, the oath of office may be ad- 
ministered by any member of the House of Representatives to the 
Speaker who, after taking the oath, is required to administer the pre- 
scribed oaths to all the other members who have not taken them, and 
the rest of the officers of the House. 

I A state legislature should be organized on the plan of Congress 
given in the preceding pages. 



A FORM OF ORGANIZATION FOR A STATE LEGISLATURE. 209 



By the House of RepresentativeSj 1 
Jan. — 185-. j 

Gentleinen of tfie Senate : 

We propose, with your concurrence, to appoint 
a joint committee of the two Houses to wait upon 
his Excellency the Governor, and inform him that 
the legislature is organized for the dispatch of 
public business, and ready to receive any commu- 
nication he may think proper to make. Messrs. 

are appointed on the part of this House. 

By order, 

J. N., Clerk. 



By the Senate, 
Jan. — , 185- 



enate, 1 
5-. I 

Gentlemen of the House of Representatives : 

The Senate has organized and elected the Hon. 
-, President, and , Secretary. 



We are prepared to proceed with the business of 
the session, and propose to sit from 10 o'clock, 
A. M. until — o'clock, P. M. 
By order, 

C. B., Secretary. 

By the Senate, 1 
Jan. — , 185- j 

The Senate appoints Messrs. , a committee 

to join the committee you have appointed* to 
inform his Excellency the Governor, of the organi- 



* Or the Senate may organize first, and use the preceding form of the 
House of Representatives. 



210 



A FORM OF ORGANIZATION FOR A STATE LEGISLATURE. 



Re. 22 Ho. 
Reps. p. 72, 



zation of the legislature, and that we are ready to 
receive any communication he may desire to make. 
By order, 

C. B.J Secretary. 

The Clerk* of the House of Representatives 
should, within the first week of a session, place in 
the hands of the Speaker, a correct list of the 
bills, resolutions, reports, and other unfinished 
business of the House, referred from the preceding 
to the succeeding session. 

FORM OF MESSAGES. 

Gentlemen of the Senate : 

We respectfully request your Hon. Body to re- 
turn to this House the bill entitled an act to . 

Gentlemen of the House of Representatives : 

We hereby return to your Hon. Body, a bill 
entitled an act 

FORM PRECEDING A BILL. 

First Form, 

The people of the State of , represented in 

House of Representatives and Senate, do enact as 
follows : — 



Second Form, 
Be it enacted by the Legislature of , that, 



&c. 



* This rule also applies to the Senate and should be obserred by the 
Secretary thereof. 



MANNER OF ELECTING UNITED STATES SENATORS. 211 



By the House of Kepresentatives, 1 
Jan. — ; 18 5-. j 
Gentlemen of the Senate: 

We propose, with the concurrence of your Hon- 
orable Body, to proceed, on inst., at 12, M., 

to the election of a United States Senator to sup- 
ply the place of the Hon. , whose time 

will expire on the 4 th of March, 18 5-. We have 
nominated, on the part of this House, the Hon. 
, and the Hon. , and ap- 



pointed Hon. , Teller, to join such 

gentleman as may be named by your Honora- 
ble Body, to count the ballots and report the 
result. By order, J. G., Clerk. 

By the Senate, 1 
Jan. — , 18 5-. J 
Gentlemen of the House of Representatives : 

We have received your message, proposing to go 
into an election of United States Senator, on — inst., 
and concur therein. We nominate the following 
persons : the Hon. and the Hon. . 

We have appointed the Hon. as 

Teller, to join the gentleman named by your 
Honorable Body, to count the ballots and report 
the result. By order, Wm. B., Sec'y. 

§ 1. Whenever any legislature is apprised of a 
vacancy in the representation of its State in the 
Senate of the United States, notice may be given for 
the members of each House to meet in the Hall 
of Representatives at a certain hour, usually 12 
M., for the purpose of electing, on joint ballot, a 



Const. TJ. 
S., Sec. 3., p. 
8, and Sec. 
4, p. 11. 



212 



MANNER OF ELECTING UNITED STATES SENATORS. 



Senator, or Senators, as the case may be, to re- 
present the State in the Senate of the United 
States. 

§ 2. Previous to the day of meeting, each House 
should appoint a teller, and nominate the candi- 
dates it prefers, and communicate to the other the 
names of the persons nominated.* At the hour 
of meeting, the President of the State Senate, and 
in his absence, the Speaker of the House, should 
preside. 

§ 3. A candidate must have a majority of all 
the votes cast to be elected, hence it sometimes 
occurs that days elapse before any election is 
effected. f Whenever any person receives a ma- 
jority of all the votes cast, the presiding officer 
declares him elected to represent the State in the 
Senate of the United States, and announces the 
time for which he should serve. 

§ 4. After the election it is usual for the presi- 
ding officer, in the presence of both Houses, to 
sign three certificates of election, attested by the 
tellers, one of which should be forwarded to the 
person elected, one to the President of the Senate 
of the U. S., and the other should be preserved 
among the archives of the court of the county in 
which the legislature sits, in addition to which 
the proceedings should be entered in full on the 
journals of both Houses. 



* The way of communicatioii is usually by message. 



MANNER OF ENACTING LAWS. 



213 



MANNER OF ENACTING LAWS.* 

§ 1. Bills for raising money should originate in 
the House of Kepresentatives ; but those of every 
other kind may originate in either House. Bills, 
after being passed by one branch, may be re- 
jected in the other by a majority of the votes 
present. 

§ 2. When a bill may be vetoed by a Governor, 
it should become a law, if by being reconsidered, 
it is passed by two-thirds of the votes in both 
Houses. 

§ 3. Every bill, before it becomes a law, should 
be examined by a joint committee,f who should 
carefully compare the enrolled with the engrossed 
bill, and see that the name of the House in which 
it originated is written on its back. 

§ 4. It should also be examined and signed by 
both the Speaker of the House and the President 
of the Senate. J After which the committee should 
present it to the Executive for his signature. 



Const. JJ. 

S., Sec. 7, p. 
14. 



^ See Bills 99, 100, and 101st page, and 161st to the 168th page. 
Also the 178th and 179th page. A Bill is a form or draft of a law pre- 
sented to a legislature, but not enacted. Laws are frequently originated 
by petitions, the usual form of which is as follows : 

To the Legislature of 

To the Honorable the Senate and House of Representatives of the 

State of in General Assembly convened : The petition of the 

subscribers, citizens of county, respectfully showeth. [Here state 

the subject.] And your petitioners, as in duty bound, will ever 
pray, &c. 

I Usually two members from each House. 

J And attested by the Secretary and Clerk. 



Const. U. 
., p. 15. 



Joint Rls. 
8, and 9, 
p. 108. 



214 



NECESSITY OF METHOD. 



Object SIS- 



NECESSITY OF METHOD. 

§ 1. In associations of every kind, as well as in 
all legislative bodies^ order, regularity, and form, 
are indispensable to the attainment of the greatest 
benefit, with the least expenditure. 

§ 2. Every society and assembly should have 
prescribed land-marks, founded on reason and 
sanctioned by experience, in order to secure uni- 
versal confidence, and effectually guard the rights 
of all. 

§ 3. The object of meetings of every grade, 
should be to obtain a clear, full, and proper ex- 
pression of opinion from all present. Hence, per- 
manent and proper rules of order and constitu- 
tions should always form the bond of union and 
protection."^ 

§ 4. In this way can the wishes and the in- 
terest of the majority be best carried out, and at 
the same time the rights of the minority shielded 
from the abuses and excesses so apt to^ be exer- 
cised by the party in power. 

§ 5. No printed form of a constitution for an 
association can be given, which, under every 
circumstance, will precisely suit its wants, without 
addition or restriction. 

§ 6. But it is believed that the following out- 
line, with slight additions, or alterations, will meet 
the general wants of all literary and debating so- 
cieties. 



* In societies, and temporary or called meetings of every kind, the 
rights and privileges of all may be inviolably guarded by the uniform 
system of rules laid down in this book. 



CONSTITUTION. 



215 



A FORM FOR ESTABLISHING LITERARY SOCIETIES. 

CONSTITUTION. 

PREAMBLE. 

We, the undersigned, do hereby adopt and agree 
to obey the following Constitution and the several 
By-Laws that may be enacted in accordance with 
its provisions. 

ARTICLE I. 

Name and Object. 
[Here insert the name of the society ; the object 
which it is intended to accomplish ; the means to 
be used ; and the way in which its benefits will be 
realized.] 

ARTICLE II. 

§ 1. The members of the society shall be 

active, corresponding, and honorary. 

§ 2. Any person of good moral character may 
become an active member by signing the consti- 
tution and paying an admission fee of cents. 

§ 3. Persons of other towns may be elected cor- 
responding members, by a vote of two-thirds of 
the members present. 

§ 4. Honorary members shall be admitted by a 
like vote of two-thirds. 

§ 5. All members may participate in the discus- 
sions, but the privilege of voting and of ehgibility 
to office, shall be confined to active members. 



216 



CONSTITUTION. 



§ 6. A monthly contribution of — cts. shall be 
paid by each active member. 

§ 7. Members who may pay dollars, shall 

be entitled to life-membership, and exempted from 
all future contributions and assessments. Hono- 
rary members shall be free from assessments of 
every kind whatever. 

§ 8. For immoral and disreputable conduct, a 
member may be impeached and expelled from the 
society by a vote of two-thirds of the members 
present, after affording every reasonable facility for 
a fair and impartial trial. If he be an officer, 
the society shall proceed to fill his place by ballot. 

ARTICLE III. 

Officers. 

The officers of the society shall be a President, 
Vice President, a Recording Secretary, a Corres- 
ponding Secretary, a Treasurer, a Librarian, a 
Committee on questions for debate, a Committee 
on lectures, a Committee on the library, and an 
Executive Committee. The officers of the society 
shall be elected on in , by a ma- 
jority of the ballots of all the members present. 

ARTICLE lY. 

Stated meetings of the society shall be held at 
the on throughout the year, except the 



months of 
be held at 



and an anniversary meeting shall 
on the of -. 



CONSTITUTION AND BY-LAWS. 217 



ARTICLE y. 

By-Laws. 
By-Laws to the Constitution shall be proposed 
at one stated meeting of the society, and acted on 
at another. Any motion to amend or repeal a by- 
law must lie over, at least one stated meeting, 
before it is acted on. 

ARTICLE VI. 

Amendments of the Constitution. 
Any motion to amend or repeal this Constitution 
shall not be acted on before the second stated 
meeting after such motion has been proposed, and 
then shall not take effect unless by consent of 
two-thirds of the members present ; but any rule 
may be suspended, for the time being, by vote of 
two-thirds of the members in attendance. 



BY-LAWS. 

§ 1. Quoimm. — A majority of the society shall 
constitute a quorum for the transaction of business ; 
but a smaller number may organize and adjourn 
to the next stated meeting. 

§ 2. Vacancies. — Vacancies in any office shall be 
filled in the way prescribed by the Constitution, at 
the next stated meeting after the official announce- 
ment of the same. 



218 



BY-LAWS 



§ 3. Lectures and Debates. — The Committee on 
Lectures shall appoint some member to read at 
stated meeting an original lecture or essay ; 



the Committee on Debates shall select some subject 
for discussion, and provide a person to open the 
debate, after which the subject shall be open for 
general discussion by the members. They shall 
also extend invitations to persons engaged in 
literary or scientific pursuits, to present any paper 
or essay which they may deem of interest or im- 
portance to the society. 

§ 4. Library .—KoiiYe members shall be entitled 
to take books from the Library ; but no book shall 
be kept by any one longer than — — weeks 
without renewal, nor shall it be Tenewed when 
another person desires it. Members who retain 
books beyond the time above limited, shall pay a 

fine of cents, for every week a volume is 

retained. Those who lose or injure books, shall 
pay for the same. 

§ 5. Donations., &c. — It shall be the duty of the 
Executive Committee to make exertions to obtain 
donations of books, minerals, botanical and geolo- 
gical specimens, &c., for the society; to examine 
from time to time the books of the officers, and to 
submit to the members annually on the first 
regular meeting in Janug^ry, a detailed written 
statement of the afiairs and condition of the 
society. 

§ 6. Arrears. — Any member whose pay- 
ment shall be in arrear for months, shall forfeit 



BY-LAWS AND RULES OE ORDER. 



219 



his membership, and his name shall be stricken 
from the roll. 

§ 7. Anniversary Meeting. — It shall be the duty 
of the Executive Committee to take measures 
likely to secure a general attendance at the anni- 
versary meeting, to make arrangements for suit- 
able lectures, to provide for public debates, and 
to furnish such other literary entertainments as 
will arouse the minds of the community to the im- 
portance of the general diffusion of knowledge and 
sound morality. 

§ 8. Special Meetings, — Special meetings may at 
any time be called by the President, or by any 
members. 

§ 9. At each stated meeting there shall be a 
subject for discussion selected for the next meet- 
ing, and reported by the Committee on Debates. 

§ 10. The exercises of the stated meetings of this 
society shall be public. 



RULES OF ORDER. 

§ 1. Order of Business. — The order of business 
at the meetings of the society, shall be as follows, 
viz : 

1. The roll called. 

2. Minutes of previous meeting read and, in case 
of mistakes, corrected. 



220 



RULES OF ORDER. — CALLED MEETINGS. 



3. Eeports of Committees read and acted on. 

4. Motions, resolutions and other unfinished 
business of preceding meetings acted on. 

5. New resolutions offered. 

6. Miscellaneous business. 

7. Heading of lecture, essay, or other paper. 

8. Debate. 

§ 2. Sectarianism or Politics. — No subject of a 
direct sectarian or political nature shall be intro- 
duced before the society. 

§ 3. On Speaking. — No member shall speak 

more than , nor longer than ~ minutes 

upon the same subject, unless by permission of the 
Society; nor shall any member be interrupted 
while speaking unless for explanation, or when his 
remarks are foreign to the subject under debate. 



CALLED MEETINGS. 

§ 1. In the formation of societies, as well as the 
calling of National, State, County conventions, and 
in Town, District and all other public meetings, no- 
tice* should be given in the way which will best ac- 
quaint all interested of the intended convocation. 
Every call should set forth the object of the pro- 
posed meeting with precision and clearness, and 
should be signed by its originators. 



the 



* The most usual way of doing this is either by publication in 
most extensively circulated newspapers, or by posting up in the most 
frequented places written or printed notices. 



ELECTION OF OFFICERS. 



221 



§ 2. At the time named for the meeting to assem- 
ble, if a sufficient nmnber, to transact business, be 
present, the one whose name appears first on the 
call should proceed to organize* in the following 
way : he should go to the secretary's desk,f and 
with a few raps secure the attention of those pre- 
sent, and then say, " Gentlemen the hour appointed 
for opening the meeting has arrived, I nominate 
A. B. for chairman. J Those in favor of this nomi- 
nation will say yeal' After a momentary pause 
the contrary nay, 

§ 3. If the yeas appear to be in the majority, he 

declares A B chairman of the meeting. 

! If the nays preponderate, he ought to ask the 
members present to nominate, and continue to put 
the question till some one is duly elected. He 
then declares A. B. or C. D., as the case may be, 
chairman of the meeting. 

§ 4. The chairman should, at once, advance to 
his position, § and say, " Gentlemen who shall act as 
secretary, please to nominate ;" perhaps there mil 
be several nominations. 

§ 5. He then says the name of E. F. was first 
heard. Gentlemen in favor of E. F. acting as 
secretary will say yea — contrary nay. Or in case 
only one name is proposed. He says, " Gentlemen, 



* In case he is absent, the one whose name is next in order, and 
so on. 

f Should it be in a private room it will be sufficient simply to rise 
and make the announcement. 

% Or Speaker, Moderator, or President, as the case may be. 

\ In called meetings it is not necessary for the presiding officer to 
occupy any time in returning thanks, &c., for the honor conferred. 



See Ke. 1, 
Ho, Rep. p. 

67. 



Const. U. 
S., Art. 1, 
Sec. 5, p. 12. 



222 



ELECTION OF OFFICERS. 



Proceedings 
in organiz 
ing the Na- 
tional Con 
vention of 
Education. 



CnStom of 



you have heard the nomination just made, shall 
G. H. act as secretary," &c. In the same way may 
be chosen any other officers it is deemed best to 
appoint. 

§ 6. When a convention is assembled from various 
counties or states, it may be best for its originator 
to say, '' I propose that we organize temporarily, 
for the purpose of electing officers and effecting a 
permanent organization. In which case the chair- 
man and secretary should be appointed pro tem- 
pore, in the way above indicated. 

§ 7. Then the selection of persons the best quali- 
fied to fill the various offices may be referred to a 
committee who should, at once, retire to a private 
room, canvass the merits of the different candi- 
dates, and report with all possible dispatch, their 
nominations for the action of the assembly. 

§ 8. Or several nominations may be made by the 
members from the various districts, and the assem- 
bly may proceed, at once, to elect the p'ermanent 
officers by ballot. 

§ 9. The first business, in every representative 
assembly, after its organization, should be the ap- 
pointment of a committee to ascertain the names 
of all who have been elected and returned as mem- 
bers. To this committee should be referred all 
cases of contested elections. 

§ 10. When the proper officers are elected it will 
be the duty of the presiding officer to briefly set 
forth the object of the meeting. After this is done 
it will be in order for some one who is friendly to its 



FIXING DAY OF ADJOURNMENT. 



223 



object to move that a committee be appointed to 
prepare resolutions, or to arrange any business for 
its action.* 

§ 11. The chairman then puts the question, if de- 
cided in the affirmative he says, " Of how many 
shall this committee consist ?" If more than one 
number be named the question should first be put 
on the highest. If that be not agreed to, the next 
highest, and so on, till the committee shall be 
elected. 

§ 12. If only one particular number be suggested, 
say three, the chairman should say, three have 
been mentioned, the committee will consist of 
three. He then proceeds to appoint them. 

§ 13. The first person named on any committee 
is its chairman. It is right to name the mover in 
the appointment first.f After the names of the 
committee are announced, the chairman should 
provide at once a private place for the meeting of 
his colleagues, in case a room has not been pre- 
viously set apart for the use of the committee. 

§ 14. If it be known that the business cannot 
be finished at one session, some member should 
offer the following resolution, "Eesolved, that 
when this meeting adjourns it will adjourn to meet 

again in this place, at o'clock, P. M. Or at 

Hall, on inst., at o'clock, A. M., 



or P. M. as may be judged best. When a resolu- 



* Or in case the design is to form a permanent society to prepare the 
Constitution and By-Laws. 
j- i. e. Chairman. 



Re.l30,Hc. 
Rep. p. 102. 



Rule 7,Ho. 
Reps., p. 68. 



Re. 8, Ho. 
Reps., p. 69. 



224 



REPORT OF A COMMITTEE. 



Proceedings 
in the Na- 
tional Con- 
vention of 
Education. 



tion of this kind is agreed to^ the meeting on clos- 
ing its session merely adjourns^ and the presiding 
officer declares that the meeting stands adjourned 
till o'clock, P. M.J or any other time pre- 
viously agreed on. 

§ 15. The object of fixing the time of adjourn- 
mentj at an early stage of the proceedings, is to 
prevent confusion, and also to give notice to the 
largest possible number. While the committee is 
absent, the chairman or any other prominent per- 
son present, should address the meeting* on some 
appropriate and interesting subject. 

§ 16. It is often the case that the mover for the 
appointment of a committee has already a report, 
or Constitution and By-Laws, written out in full, 
which he submits to his colleagues for alteration 
and improvement. Whether this be done or not, 
the committee should prepare the report, &c., 
with the utmost care and dispatch, and, so soon as 
it is finished, go into the meeting. 

§ 17. The chairman of the committee should 
then either privately inform the presiding officer 
of his readiness to report, or take a prominent 
position so as to be easily seen by him. If any 
person occupies the floor he ought at once to close 
his remarks, or if any other business be before the 
assembly it should give way at the earliest oppor- 
tunity for the report. 



* The object of the address is to occupy profitably the attention of 
those assembled. Whenever it is possible to proceed to advantage 
with any other business, the address may be omitted. 



ACTION ON A REPORT OF A COMMITTEE. 



225 



§ 18. The moment business is suspended the 
chairman of the committee should address the pre- 
siding officer as follows : " Mr. President,* the com- 
mittee appointed to draw up resolutionsf expressing 
the sense of this meeting have directed me to make 
this report," and then hand it to the presiding offi- 
cer, who should say, '^ The commit te appointed to 
prepare resolutions! report (in part or in full, as 
the case may be,) the following ; will the secretary, 
or the chairman of the committee, (selecting the 
one he thinks will be best understood,) read the 
report ?" 

§ 19. After all the resolutions are read, the presi- 
ding officer says, " The report is before the assembly, 
shall it be considered separately or altogether ?"§ 

§ 20. If a majority appear to be in favor of con- 
sidering it separately he will say, " The first reso- 
lution is before the assembly." Some member 
should then move its adoption, and another second 
the motion. The presiding officer then says, " It is 
moved and seconded that the first resolution be 
adopted." 

§ 21. After a slight pause, if no one rises to 
speak, he says, '' As many as are in favor of the first 
resolution say yea!' Making a momentary pause, 
he continues, " As many as are of a contrary opinion, 
say nayT Then the yeas or the nays, as the case 



■^ Or Moderator, Speaker, or by whatever title he may be known, 
f Or to prepare the Constitution, By-Laws, &c., as the case may be. 
\ Or Constitution, By-Laws, &c. 

§ The best way is to consider it by clauses, if it be of much import- 
ance, or if any part thereof is likely to be objectionable. 



Custom of 
Congress. 



Re. 4, Ho. 

Reps. p. 67. 



226 



ACTION ON A REPORT OF A COMMITTEE. 



Custom of 
Congress. 



Custom of 
Congress. 



may be, appear to have it. Again, after a mo- 
mentary pause, he declares the yeas have it. Or 
if the nays appear to preponderate, the nays have 
it. The first resolution is agreed to, or rejected. 

§ 22. Sometimes it is difficult to determine 
which side of a question has a majority. When 
this happens to be the case, he says it is impossi- 
ble for the Chair to decide. 

§ 23. Those in the affirmative will rise.* Sup- 
pose fifteen members stand up, he says fifteen vote 
in favor of the resolution. He should then direct 
all up to be seated and again say, "Those in the 
negative will rise." Suppose this number be six- 
teen, he says, " Sixteen vote in the negative ; the 
resolution is rejected." 

§ 24. Suppose any member doubts the correct- 
ness of the decision of the Chair, he should say 
immediately after the presiding officer announces 
that the yeas or the nays^ as the case may be, ap- 
'pear io have it, " I call for a division." 

§ 25. The president should then say, " There is a 
call for a division. Will E. W. and Z. B. act as 
tellers."f Those in the affirmative will rise, twenty 
vote in the affirmative ; those of a contrary opi- 
nion will rise, twenty vote in the negative; the 
Chair decides in the affirmative. In case the pre- 



* In case the meeting is small he should count the votes himself. If 
it be large he may appoint tellers, or direct the Secretary and the Vice- 
President to count the voters on each side. 

■j- Particular care should always be taken to select one teller from the 
affirmative and the other from the negative. 



MANNER OF PROCEEDING IN A CALLED MEETING. 



227 



siding officer should decline to vote, the resolution 
would be lost. 

§ 26. It often happens in called meetings that 
business is of a local character, and the proceed- 
ings are not intended to be published ; in a case 
of this kind the business may be dispatched with- 
out the form of passing through . the hands of a 
committee. On such occasions, the presiding offi- 
cer, after making any remark he deems necessary, 
should say, " The meeting is organized and ready 
to proceed with business. 

§ 27. It is then proper for any member to offer 
a resolution, and when it is seconded, the presiding 
officer should say, '' The question is on the resolu- 
tion, is the meeting ready for the question ?" He 
then puts it provided no one rises to speak. 

§ 28. If any resolution be in any way objection- 
able, or if it be incorrectly worded, it will be pro- 
per for any one to amend the same, or move that 
it be referred to a committee with instructions to 
make such alterations, or additions, as may be 
deemed necessary. 

§ 29. When it appears that there is no business 
before the meeting, the presiding officer may sug- 
gest the propriety of providing for the publication 
of a part or of all the proceedings ; or when this 
is not necessary that the meeting adjourn sine die.* 

§ 30. When the business has not been finished 
the meeting should adjourn to such time and place 



* Without naming any day to meet again. A motion to adjourn sine 
die is equivalent to a total dissolution of the meeting. 



Jeff. Man. 
p. 179, this 



Jefif. Man. 
p. 163, this 
book. 



Re.49,Ho. 
Reps. p. 81- 



228 



INFORMAL MEETINGS. 



Maii.,p.l88, 
this book. 



as will probably best accommodate the majority 
and secure the largest attendance. 

§ 31. The object of an adjourned meeting should 
always be definitely stated, and public notice be 
given the same as in the original call. 

INFORMAL MEETINGS. 

§ 1. It frequently happens that several persons 
may be collected, especially ladies, where there is 
no definite subject to occupy the attention. 

§ 2. In such cases time may often be best 
turned to' account by reading extracts from some 
instructive book, and then making the topic the 
subject of general conversation. 

§ 3. Again, committees may be appointed to 
examine the various publications, periodicals, news- 
papers, &c., and report those which are the most 
valuable, and the points in which they excel, and 
also to designate those which have an^ immoral 
and deleterious influence. 

§ 4. Much has recently been done towards fill- 
ing a chasm in the literature of the age by the 
writing of biographies of eminent and pious fe- 
males. These books should be in every library, 
and often form the basis of social discussion. 

§ 5. Original compositions and essays on sub- 
jects which tend to improve and elevate the stand- 
ard of female education and female usefulness, 
afford alike the most pleasing and ennobling exer- 
cises. 



DUTIES OF THE PRESIDING OFFICER. 



229 



DUTIES OF THE PRESIDING OFFICER. 

§ 1. The presiding officer occupies a more influ- 
ential and exalted position than any other member. 
Much of the success, prosperity, and often the very 
existence, of a society depends on his ability and 
energy. Hence it is incumbent on every one who 
expects ever to be called on to preside over any 
deliberative body, to understand a correct uniform 
system of rules for conducting public business. 

§ 2. It is the duty of every presiding officer to 
take the chair precisely at the time at which the 
meeting may be called, or to which it may have 
adjourned, and immediately call the members to 
order.* 

§ 3. He should then call on some onef of known 
probity and piety to open the deliberations with 
prayer. J After which he says, " A quorum being 
present, the secretary§ will read the minutes of 
the last meeting," 1 1 and then proceed with the regu- 
lar business. 

"^ If a quorum be not present, those assembled may take such 
measures as will be most likely to secure that number by sending for 
absent members, &c. Re. 65, Ho. Rep., page 85, Rule 8 Senate, 
page 126. 

I In case no one has been previously designated for that purpose, he 
should designate the person whom he thinks would exert the most salu- 
tary influence. 

J See order for conducting business, page 204. 

§ In case the Secretary is absent with the records, a Secretary jsro 
tempore may be elected, and any new business transacted. 

II This is done in order to correct mistakes if any should occur, and 
also for the information of those who might have been absent. The best 
way to correct mistakes is for the Secretary to read the minutes imme- 
diately before the adjournment of each meeting. 



Ke. 1, Ho. 

Reps., p. 67, 
Re. 1 Sen.,p. 
125. 



Custom of 
Congress. 



230 



DUTIES OF THE PRESIDING OFFICER. 



Re. 2, Ho. 
leps. p. 67. 



Rls. 43 and 
44 Ho. Eep 
p. 79, Re. 4, 
Ho. Re.p.67 



Re. 15, Ho. 
Reps. p. 70 



Re. 6 and 7 
Ho. Reps.p 



Re. 147 Ho, 
Reps. p.l06, 
Re. 48, Sen, 
136, 



§ 4. He should preserve order and decorum, 
and announce each item of business at the right 
time. 

§ 5. He should state, or cause to be read aloud, 
by the secretary, all motions and propositions, 
properly made, and put the same to vote in a dis- 
tinct form, and announce the result. 

§ 6. He should sign all acts, orders, and other 
proceedings of the assembly which require to be 
authenticated, and cause the same to be attested 
by the secretary. 

§ 7. He should receive all legitimate messages 
and other communications, and, at the proper time, 
announce the same to the assembly. 

§ 8. He should represent and act for the body 
over which he presides whenever its prosperity and 
convenience require it. 

§ 9. He should uniformly show himself the 
faithful guardian of its interests and its honor, by 
promptly, yet in the most conciliatory way, check- 
ing any personal reflections that may chance to 
occur in debate, and, whenever necessary, explain 
the rules of order. 

§ 10. He should see that the secretary informs 
the members of committees of their appointment, 
and whenever necessary explain the nature of 
their duties. 

§ 11. He should call on each committee at every 
stated meeting for its report. 

§ 12. He should have the general supervision of 
the place of meeting, and see that the requirements 



DUTIES OF THE PRESIDING OFFICER. 



231 



of the charter, if any, are enforced, and that 
the Constitution and By-Laws are properly re- 
garded. 

§ 13. He should carefully protect all the pro- 
perty of the association ; use all reasonable means 
to augment its resources, and especially cause its 
debts to be collected, and see that its funds are 
invested in the safest and best way. 

§ 14. When two or more members happen to 
rise at the same time, he should name the one who 
is to speak first. 

§ 15. He should be constantly on the alert to 
notice the first approach to personality in debate, 
and restrain any breaches of order with mildness, 
but with the utmost promptness and impartiality. 

§ 16. He should make himself acquainted with 
the ability and character of all the members, so 
as to make the most judicious selections in ap- 
pointing committees, and in promoting the highest 
prosperity and usefulness of the body over which 
he presides. 

§ 17. He should vote on ballot, and when the 
assembly happen to be equally divided, his vote on 
ballot ought to be taken first, but in every other 
case it should be given last.* 

§ 18. He may call any member to the Chair, if 
he wish to take part in the debate, or to be absent 
for a part of the session. If the assembly pro- 
vides for his absence by electing several Yice- 



* To avoid exerting an undue influence, and to cause each member 
to rely on his own judgment. 



Re. 33,Ho. 
Reps. p. 76. 
Re. 5, Sen. 
p. 125. 



Custom 
Speakers 
Ho. Reps. 



Re. 12,Ho. 

:eps. p. 70. 
Re. 12, Sen. 
p. 128, Con. 
U. S., Art. 
Sec. 2, p. 
10. 



Re. 6,Ho. 
Reps. p. 68. 



232 



DUTIES OF THE SECRETARY. 



See Spkr. 
Sec. 5, p.161. 



Ke. 3, Ho. 

-eps. p. 67. 



See Jeff. 
Man. Sec.5, 
p. 151, this 
book. 



Re. 21, p, 
72, Re. 109, 
110 and 111 
pp. 97 and 



Re. 63, 
Ho. Reps. p. 



Const. U. 

a, p. 12. 



Presidents ;* they take his place and the place of 
each other in the order of their rank. 

§ 19. When the presiding officer is absent, and 
there is no Yice-President to take his place, the 
assembly may elect a President pro temj)ore,'\' 
whose powers and duties, for the time being, will 
be precisely the same as those of the President. 

§ 20. The presiding officer may state questions 
sitting, but he should always rise to put them. 

§ 21. Although the president may be considered 
the leading member of an association, yet he may 
be removed at the will of a majority of the body, 
over which he presides, and another appointed in 
his place. ^ 

DUTIES OF THE SECEETAET.J 

§ 1. It is the duty of the secretary to make a 
faithful record of all that is done and passed by the 
Assembly. 

§ 2. He should read all letters and papers; 
call the names of the members and note the ab- 
sentees ; also, w^hen a question is taken by yeas 
and nays, call the roll, and note the answers. 

§ 3. He should notify each member of every com- 
mittee of his appointment, and give him a list of 



* Ordinarily the Vice-Presidents have no duty to perform, but should 
sit on each side of the President. The First Vice-President should oc- 
cupy a position at his right side, and supply his place in case of ab- 
sence, and so on. 

f For the time or occasion. 

J When there are several secretaries appointed the one first named 
should be called on to read the minutes, papers, &c., of the assembly. 
In case of his absence this duty devolves on the second named, and so on. 



DUTIES OF THE SECRETARY. 



233 



his associates, and the order of their appointment, 
so that each may know who is chairman, and who, 
in case the chairman is absent, must serve in his 
place. 

§ 4. He should state clearly, to each committee, 
the nature of the business to it referred, and he 
ought to sign all acts and proceedings required to 
be authenticated. 

§ 5. He should carefully preserve and file, 
separately and distinctly, all letters-, written re- 
ports, receipts and documents of every kind be- 
longing to the assembly, and keep a correct journal 
of all its proceedings. Every thing of general 
interest, and every question on which a vote has 
been taken ought to be carefully recorded. 

§ 6. It is not, however, the secretary's duty to 
make any report of the speeches, or of motions 
moved, debated and withdrawn, without being 
acted on by the assembly. Every resolution, mo- 
tion, and important subject ought to be written in 
separate sections. There should be marginal notes 
on each page of the journal, to answer the purpose 
of an index to the matter therein contained. 

§ 7. He should never permit any paper to be 
taken from his custody without the leave or order 
of the assembly ; he ought always to rise when he 
reads or calls the roll; and keep all his papers 
filed in perfect order, so as to produce any one 
the moment it is wanted. 

§ 8. He should have adjusted under one head 
the names in full of all the members of the several 



Re. 15, Ho. 
Reps. p. 70. 



Rls.142,143, 
144, 145 and 
146.Ho.Rep. 
pp. 105 and 
106. 



Custom of 
Congress. 



Re.41,Sen. 
p. 134. 



Ke.42,Sen. 
p. 134. 



Gust. Clk. 
Ho.Rep.and 
Sec. Sen. 



234 



DUTIES OF THE TREASURER. 



Re. 36, Ho. 
Reps, p. 77. 



CustomHo. 



Oust, of 
Treas. U.S. 



committees, and also a correct list of all the un- 
finished business. 

§ 9. He should pay the closest attention to all 
motions, amendments, and other business of the 
assembly, and attest the proceedings of each 



meetmg. 



§ 10. He should register the names of the 
members alphabetically, and keep an accurate 
memorandum of the post-office address and resi- 
dence of each, so as to give him due notice of the 
time and place of every meeting. 

§ 11. It is the duty of every secretary, at the 
expiratioii of his term of service, to deliver to his 
successor, or to the president, all books, vouchers, 
letters, papers, keys, and other articles which ap- 
pertain to his office. 

DUTIES OF THE TREASUREE. 

§ 1. It is the duty of the treasurer to deposit 
in the safest place all the money, notes, aild papers 
of every description belonging to the assembly. 

§ 2. He should charge himself with every item 
of property received, with the date, source, and 
other minute particulars pertaining thereto. 

§ 3. He should not part with any money or 
other property of the assembly without an order, 
signed by the president and secretary, or a resolu- 
tion authorizing him so to do. 

§ 4. These orders and resolutions together, with 
the receipts of the party receiving the same, are a 



DUTIES or THE LIBRARIAN — DUTIES OF A COMMITTEE. 



235 



bar to all further claims on liim for the amount 
therein specified. 

§ 5. He should, at all times, have his books 
properly posted, so as to tell the financial condi- 
tion of the association whenever called on, or so 
that, in case of death, neither his own estate nor 
the interest of the society would suffer. 

§ 6. It is proper, though not always required^ 
for the treasurer to give a bond for the faithful 
performance of his duties. 

§ 7. The treasurer, like the secretary, at the 
expiration of his term of service is bound to deliver 
to his successor in office, or to the president, all 
books, papers, and other property, properly ar- 
ranged and in good order. 

DUTIES OF THE LIBRARIAN. 

The hbrarian should have charge of the 
books, pamphlets, periodicals, maps, engravmgs, 
&c., belonging to the library, and ought to keep a 
record of all matters appertaining to the same ; 
and at the expiration of his office deliver to his 
successor, or to the society through its presiding 
officer, all information, documents, &c.^ that will 
tend to augment its usefulness. 

the duties of a committee. 
§ 1. Every assembly must, necessarily, entrust 
much of its business to committees. It is impos- 
sible for all the members to examine, thoroughly, 
each for himself, every item of business that may 
be presented. 



Cust.Treas. 
of U. S. 



236 



DUTIES OF A COMMITTEE. 



SeeRls.Ho. 
Reps. 77 to 
108, pps. 
to 97 inclu- 



Ile.76,Ho. 
Reps., p. 87. 



Re.l08,Ho. 
Reps., p. 97. 



Clause 
p. 163. 



Clause 5 
p. 163. 



§ 2. Hence a committee, as a body, and the 
members of it personally, should give especial 
attention to every subject referred to them by the 
assembly. Each member should individually use 
constant vigilance to seek information by exami- 
nation and personal inquiry. 

§ 3. Every standing committee should have its 
regular chairman and secretary, keep accurate 
minutes of all its proceedings, and carefully deli- 
berate on all matters to it referred. 

§ 4. The members of a committee act for and 
in the place of the assembly; hence it is their 
duty to examine witnesses, abridge, simplify, ar- 
range, and put in proper form, all resolutions, 
papers, bills, and every description of business 
which may be assigned them. 

§ 5. The duties and powers of committees may 
be modified or enlarged by definite instructions 
given, at any time, by the assembly ; it is their 
duty to m«et and attend to the business assigned 
them with systematic order, and, unless otherwise 
directed, at times when the assembly is not in 
session. 

§ 6. A majority of all their members is neces- 
sary to constitute a quorum ; their business and 
duties, like those of the assembly, require mutual 
consultation and deliberation ; hence, no business 
can be'properly transacted by separate consultation 
with every member by the chairman. 

§ 7. If matters are referred to a committee 
with particular instructions, it must report accord- 



SELECT COMMITTEES. 



237 



ing to the directions given. In all other cases it 
may make such a report as it judges best. 

§ 8» A committee may amend any bill or 
document referred to it, but the amendment should 
always be on a separate paper, and distinctly state 
the words to be inserted or erased, and specify 
clearly the word, or words, the line, or lines, where 
such alterations are to be made. 

§ 9. A committee has no right to erase, inter- 
line, disfigure, or alter, in the least, any paper or 
document referred to it by the assembly. When 
it is found necessary to make several alterations, 
it may draft an entirely new paper, and report the 
same as a substitute for the original. 

§ 10. Kthe members of a committee be of opi- 
nion that the subject referred cannot in any way 
be amended, so as to be productive of good, even 
then they have no right to reject it, unless the 
whole business, as well as the form, has been re- 
ferred. They should report the matter back to 
the assembly, state their objections, recommend 
that it " do not pass," and oppose it the same as 
other members. 

SELECT COMMITTEES. 

§ 1. Select Committees may be appointed at 
any time to examine and report upon any speci- 



fied subject. 



After making their 



final report. 



* The adoption of the report of a Special Committee dissolves it 
without any action of the Assembly, but a report may be received and 
action thereon postponed. 



Re.l27,Ho. 
Repa.p.l02. 



Jeff. Man. 

last clause 
of Sec. 21, 
p. 164, this 
book. 



Clause Ist, 
p. 167. 



Custom of 



238 



STANDING COMMITTEES. 



Re. 76,Ho. 
Reps. p. 87. 
and Re. 105, 
p. 96. 



Jeff. Man. 
p. 162, this 
book. 



Clause 2d, 
p. 163. 



Re. 76, Ho 
Reps. p. 87, 
and Re.l05 
p. 96. 



tliey may be discharged either by a resolution or 
by a motion. 

§ 2. Standing Committees should be appointed 
at the beginning of each session, and continue to 
examine and report upon all business coming 
within the scope of their jurisdiction. Their 
reports are justly entitled to the most weight with 
an assembly, 

§ 3. For both the mover and seconder for 
the appointment of a Select Committee are placed 
on the same. The Parliamentary rule requires 
that those opposed to a subject be not appointed ; 
this rule . in Congress is not strictly observed ; if 
it were, the reports of Select Committees would 
have less weight than what they do at present, 

§ 4. For it is presumed that gentlemen in 
favor of a certain proposition would always report 
in its favor. It may also be observed that the 
mover is usually the Chairman, and draws the 
report agreeable to his own views. 

STANDING COMMITTEES. 

§ 1. Standing Committees being appointed at 
the opening of each session, are less liable to be 
prepossessed in favor of, or against any measure, 
than those who are appointed, perhaps, at the time 
of excitement, and after each member has been, 
to some extent, committed to the measure. 

§ 2. The fact that Standing Committees keep 
a record of their proceedings, tends to make 
them more careful in their deliberations ; they 



STANDING COMMITTEES. 



239 



also have former committee-books of reports, per- 
haps for a series of years, to refer to and consult 
previous to making their report. 

§ 3. In case the chairman is absent, or declines 
or neglects to appoint a meeting, it is the duty of 
the committee to meet on the call of any two of 
its members. 

§4. In all cases where property is at stake, or 
whenever there is a temptation for bribery and 
corruption, the reports of committees should be 
thoroughly examined by each member of the as- 
sembly. 

§ 5. For in adopting the report it thereby be- 
comes the report of the assembly, and all the 
doings of a committee have precisely the same 
force and power as though they had been origi- 
nally drafted and acted on by the assembly, with- 
out the aid of a committee. 

§ 6. To secure the utmost respect and confi- 
dence, all standing committees should be elected 
by ballot.* As drawing the report usually devolves 
on the chairman, he should be first elected, by 
himself, and receive, at least, a majority of all the 
votes cast. 

§ 7. The other members may all be elected at 
one ballot, and a plurality of votes only be re- 
quired for a choice. 

§ 8. If, however, an assembly wish to avoid the 
tediousness of electing a large number of commit- 



* In large assemblies convened from vaFious sections of the Union, 
the members should nominate the individuals to serve on a committee; 
but no one should nominate more than one person. 



Re. 10, Ho. 

Reps. p. 70. 



Re. 34, Sen, 
p. 132. 



Re. 7, Ho. 
Reps. p. 68. 



240 



CO .tllTTEE OF THE WHOLE HOUSE. 



Re. 8, Ho. 
Reps. p. 



Re. 30,Ho. 
Reps., and 
Note p. 7 



tees, it may appropriately delegate this power 
to the presiding officer, whose reputation and duty 
alike require him to select the men best qualified 
to discharge such duty. 

THE CHAIRMAN OF A COMMITTEE. 

The first named on a committee should act 
as chairman ; unless a majority choose some other 
member of their body to fill that office. 

COMMITTEE OF THE WHOLE HOtJSE. 

§ 1. All business of great public interest should 
be first discussed in a committee of the whole 
House.* The benefits derived from this course 



* Who debate and amend the subject till they get it into' a shape that 
meets the approbation of a majority, which being reported, and con- 
firmed by the assembly, may then be referred to a select committee. 
The following is, in substance, extracted from the journals of Congress, 
June 8th, 1776. — "After being in session some time, the president re- 
sumed the chair, and the chairman of the committee of the whole, 
Benjamin Harrison, of Va., reported that the ' committee had taken into 
consideration the matter to it referred, but not haying come to any 
resolution thereon, directed him to move to sit again on the 10th.' 
' Resolved, that this Congress will, on the 10th inst., at ten o'clock, re- 
solve itself into a committee of the whole, to take into their further 
consideration the resolutions referred to them." June 10th, 1776. 
"Agreeably to order. Congress resolved itself into a committee of the 
whole, to take into further consideration the resolutions to it re- 
ferred ; and after some time spent thereon, the president resumed the 
chair, and Mr. Harrison reported that the committee have had under 
consideration the matters referred to it, and have come to a resolution 
thereon, which they directed him to report." "Resolved that these 
United Colonies are, and of right ought to be, free and independent 
states ; that they are absolved from all allegiance to the British crown : 
and that all political conneotion between them and the State of Great 
Britain is, and ought to be, totally dissolved." June 11th, 1776. 
" Resolved, that the select committee for preparing the Declaration of 



COMMITTEE OF THE WHOLE HOUSE. 



241 



are, that the assembly assumes the character of a 
colloquial meeting, where each member offers and 
receives advice. Several legislative rules are not 
enforced; the speeches are generally shorter, and 
the opinions of a majority may thus be better 
elicited. 

§ 2. The parliamentary rule permits a person, 
in committee of the whole House, to speak as often 
as he can obtain the floor. But in Congress a 
member is prohibited from speaking twice on the 
same question, till each one has had an opportu- 
nity to express his views. This is a wise regula- 
tion, for those not in the habit of speaking are 
generally brief, and confine their remarks strictly 
to the merits of the question, and the leading points 
of the subject, without entering into its details. 

§ 3. The form for any body to go into a com- 
mittee of the whole house is for the presiding offi- 
cer, on motion of some member, to put the question, 
that the house or meeting now resolve itself into a 
committee of the whole, to consider the proposed 
business (which should be distinctly specified). 
K determined in the affirmative, he appoints some 
one as chairman, then leaves his place and takes 
a seat the same as any other member, and the 
person appointed chairman does not occupy the 
speaker's chair, but sits at the table of the secre- 
tary. A committee of the whole cannot adjourn 



Independence consist of five. The committee were chosen as follows : 
Benjamin Franklin of Pa., John Adams of Mass., Thomas Jefferson of 
Va., Roger Sherman of Conn., R. R, Livingston of N. Y." 



Jeff. Man. 
pps. 152and 
153 this bk. 

Also Rls., 
124 to 138, 
Ho. Reps, 
pps. 101 to 
104 respect- 
ively. 



Jeff. Man. 
p. 166, this 



book. 



Re. 
Ho. I 
p. 103. 



Re. 12-., 
Ho. Reps., 
p. 101. 



242 



THE MOTION TO COMMIT. 



Ro.54, Ho. 
Reps, p. 82. 



as other committees may, but if business is un- 
finished it rises on a question. 

§ 4. The house or meeting is then resumed; the 
chairman reports that the committee have, accord- 
ing to order, had the business under consideration, 
and made progress therein ; but not having time 
to finish it, have directed him to ask leave to sit 
again. The question is then put, on having per- 
mission, and on the time the house will again re- 
solve itself into a committee of the whole. 

§ 5. The committee can consider only the sub- 
ject to it referred. When this is done,* the chair- 
man should say, " The propositions under consi- 
deration are closed, the committee will rise." He 
ought then to return to his place in the assembly, 
and the regular presiding officer should, at once, 
resume his official seat, and the chairman of the 
committee ought immediately to say, " Mr. Presi- 
dent, the committee of the whole housef have had 
under consideration the subject." [Here state it 
and the result of the deliberations thereon.] The 
secretary of the assembly records nothing but the 
report of the chairman. 

THE MOTION TO COMMIT. 

§ 1. Whenever a proposition, or business of any 
kind, is brought before an assembly, which is de- 



* Or when the committee cannot proceed further for the want of 
time, or for any other cause, the chairman should report according to I 
the facts of the case. | 

f For Committee of the Whole on the state of the Union, see note on 
the 76th page. I 



THE MOTION TO COMMIT. 



243 



sirable to pass, but the form in which it is intro- 
duced is crude and defective, a motion should be 
made to refer the subject to a committee, which is 
styled a commitment.* 

§ 2. This motion may be amended by substi- 
tuting a different committee ; by increasing or les- 
sening the number; or by definite instructions 
which may be done to procure further information, 
and postpone the subject for future consideration. 

§ 3. When different committees are proposed, 
the question should be taken in the following order : 
1st. Committee of the whole house. 2d. A stand- 
ing committee, and 3d. A select committee. As a 
general rule, the subject should be referred to a 
standing committee, provided there be one suitable 
to take cognizance of it. K not, *a select commits 
tee ought to be appointed. 

§ 4. Any member of an assembly may be pre- 
sent at a select committee, but cannot vote, and 
must give place to all of its members. With the 
exception that the title or subject cannot be 
changed, a committee has full power over any bill 
or paper committed to it. 

§ 5. The paper before committees, whether se- 
lect or of the whole, may be a bill, resolutions, or 
draft of an address, either referred to, or originat- 
ing with them. In all cases the paper should be 
first read by the secretary of a committee, and 
then by the chairman, by paragraphs; a pause 



* In case it has already been referred, it is styled a re-commitment. 
See Sec. XXIII. page 165, and the note thereto. 



Re. 47, Ho. 

Reps. p. 80. 



Jeff Man., 
lause Tth, 
p. 163. 



Clause 8th, 
p. 163. 



244 



THE MOTION TO COMMIT. 



Jeff. Man., 
Clause 1st, 
p. 164. 



Re. 134, 
Ho. Reps. p. 
103. 



Jeff. Man. 
Sec.25,p.l66, 
this book. 



Jeff. Man 
latter part, 
Sec. 8, p.154. 
And clause 
4th p. 164, 
this book. 



being made at the end of each, and questions for 
amending put, if proposed. 

§ 6. With respect to resolutions on distinct sub- 
jects emanating from themselves, questions should 
be put on each separately as amended or un- 
amended, but no final question on the whole; 
though if they relate to the same thing, a question 
should be put on the whole. 

§ 7. If the paper originating with them be a bill, 
draft of an address, &c., they should proceed by 
clauses to put questions for amending, either by 
insertion or omission., if proposed ; but no question 
on agreeing to the paragraphs separately : at the 
close a question should be put on the whole for 
agreeing to it as amended or unamended. 

§ 8. If a paper be referred to them, they should 
put questions of amendment, when proposed, but 
no final one on the whole; for all parts of the 
paper having been adopted by the assembly must 
stand, unless altered or struck out by a vote. 

§ 9. The rules of order that govern assemblies, 
in most cases, apply to committees, but not always; 
for example, disorderly words or conduct in a com- 
mittee cannot be punished by the members thereof; 
all they can do, is to take down the words, note 
the conduct, and report the same to the assembly 
for it to adjudicate and punish. 

§ 10. After a committee has agreed upon a report, 
on the business entrusted to it, some member 
should move that the committee now rise, and 
that the chairman, or in his absence some other 



rORM OF THE REPORT OF A COMMITTEE, 



245 



one, report the result of the proceedings to the as- 
sembly, which being agreed to, terminates their 
dehberations. 



FORM OF THE REPORT OF A COMMITTEE. 

§ 1. The chairman, or the member appointed to 
make the report, at the proper time, should rise in 
his place and inform the assembly, that the com- 
mittee to whom was referred the [naming the title 
of the paper or business to the committee referred] 
have, according to order, had the same under con- 
sideration, and directed him to report thereon, 
with or without amendment, as the case may 
be. 

§ 2. He then hands the report to the presiding 
officer, or proceeds to read it, if desired. It is 
usual in legislative assemblies to have all the im- 
portant reports of committees printed, and to dis- 
pense with the reading till the subject comes up 
for final action. 

§ 3. Making the report and its adoption dis- 
solves the committee. If, however, the assembly 
decline to receive it on the ground of new matter^ 
or any other cause, the committee is not dissolved, 
but may be required to re-examine the subject and 
make another report. 

§ 4. A committee may report, simply stating the 
facts and the results of their deliberations, without 
any resolution respecting the business to it referred. 
Reports of this kind should terminate with, " Re- 



Rep. Com. 

Jeff. Man. 
p. 164, this 
book. 



JefF. Man. 
last clause 
p. 167, this 
book. 



Last clause 
MK). 22, p. 
165. 



246 



REPORTS OF A COMMITTEE — THE MINORITY REPORT. 



See Sec. 22, 
p. 162. 



Re. 25,Ho. 
leps. p. 74 



Custom of 
Congress. 



Re. 25,no. 
Reps. p. 74. 



solved that this committee be discharged from the 
further consideration of this subject."* 

EEPORTS OF A COMMITTEE. 

§ 1. Or a committee may state the facts, &c., 
and conclude by condensing them and all the reas- 
onings thereon, in the form of a resolution or a 
series of resolutions, or it may report by resolu- 
tion without any preliminary observations. 

§ 2. All resolutions should recommend definite 
action, and form the basis of proceeding for an as- 
sembly. 

§ 3. The first question after a report, is on its re- 
ception or adoption. If it contains only a state- 
ment of facts, reasonings, or opinions, the question 
should be on its accept ance.f 

§ 4. If, however, it contains a resolution, or de- 
finite propositions of any description, the question 
should be on its adoption. 

THE MINORITY REPORT. 

§ 1. Each m.ember of every committee is pre- 
sumed to have carefully examined the subject re- 



* In Congress, when the business is unfinished, the form of pro- 
ceeding varies. The chairman of a committee of the whole House on 
the state of the Union, reports that " the committee have come to no 
resolution thereon." The chairman of a committee of the whole 
House "reports progress, and asks leave to sit again;" and the chair- 
man of a standing or select committee when called on, simply announ- 
ces the fact that " the committee are not prepared to report," See page 
153. 

I And the acceptance or adoption of the report, under these circum- 
stances, dissolves a special committee. 



PRECEDENCE OP QUESTIONS. 



247 



ferred, in all its bearings ; hence, should any one 
differ in opinion from his colleagues, and be desir- 
ous of placing his views and conclusions before 
the assembly, he may do so by making a separate 
and distinct report;, immediately after that of the 
majority. 

§ 2. Whenever any one of a committee feels it 
his duty to make a statement different from his 
colleagues, he should signify his desire to some 
member, who should move that action on the re- 
port of the majority be postponed in order to hear 
that of the minority,* and immediately after it is 
made, a motion will be in order to take up, for 
consideration, the report of the majority, but that 
of the minority may be substituted for it, or the 
subject may be recommitted with instructions, or 
the whole matter may be referred to a new com- 
mittee.- 

PRECEDENCE OF QUESTIONS. 

§ 1. The proposition first moved and seconded 



* When the minority are not ready to report, the whole matter may 
be postponed till another meeting, or the assembly may proceed at 
once to act on the report of the majority. Whenever a committee may 
be divided, the following are the appropriate forms : The undersigned, 

a majority of the committee on the , to whom was referred the 

relating to , have bestowed upon them that deliberate con- 
sideration which their importance is entitled to, and beg leave to sub- 
mit the following report : 

Report of the Minority of the Committee on the 

The undersigned, a minority of the committee on the , to which 

were referred the relating to , beg leave to submit the follow- 
ing report : 



Re.l20,Ho. 
Reps. p. 100. 
See recom- 
mitment, p. 
165. 



Jeff. Man. 
p. 168, this 
book. 



248 



PRECEDENCE OE QUESTIONS. 



Re. 48, and 
note, p. 8 



Re. 46, Ho. 
Reps. p. 79. 



Re. 50, Ho. 
Reps. p. 81. 



should be put first, unless a privileged question 
arises. 

§ 2. The following are privileged questions, and 
have precedence in the order in which they are 
arranged : 

1. A motion to fix the day to which the as- 
sembly shall adjourn. 

2. To adjourn. 

3. To lie on the table. 

4. For the previous question. 

6. To postpone to a day certain. 

6. To commit. 

7. To amend. 

8. To postpone indefinitely. 

§ 3. The design of the privileged questions is to 
subserve the interests of the assembly. A propo- 
sition, of great benefit, may be brought forward, 
which the majority may not comprehend, and con- 
sequently deem useless, or inexpedient, and which, 
if put to a direct vote, would be rejected ; hence, 
the motion to lay a proposition on the table, which 
admits of no amendment, will often prevail, and 
upon further examination it may be called up and 
passed by the votes of those who, if urged to vote 
in the first instance, would have rejected it. 

§ 4. The previous question is designed to rid the 
assembly of an unnecessary discussion. It is not in 
order, and should not be put unless demanded by 
a majority present. The postponement to a day 
certain, gives the members more time for deliber- 



PRECEDENCE OP QUESTIONS. 



249 



ating thereon, or affords them an opportunity to at- 
tend to other business requiring immediate action. 

§ 5. When a proposition ought to be condensed, 
simplified, or materially altered in any way, it 
should be referred to a committee. If it need only 
a slight alteration, a motion to amend it may be 
all that is necessary. 

§ 6. When it is desirable to reject any question 
in a delicate manner, indefinite postponement 
should be moved. 

§ 7. The main question may also be delayed by 
the introduction of questions which affect the per- 
sonal rights and privileges of the members, or of 
the assembly itself; for example, a quarrel may 
arise between some of those assembled, or the 
business of the meeting may be interrupted by 
some other kind of disorder. 

§ 8. Questions growing out of cases of this de- 
scription, take the precedence of all others, except 
those pertaining to adjournment, and should al- 
ways be first decided. When order has been re- 
stored, business should be immediately resumed 
at the poin't at which it was suspended. 

§ 9. A question that arises out of another, 
should be decided before the original one, from 
which it arose ; hence an amendment to an amend- 
ment should be first put; then the amendment, 
and lastly the original question, either with or 
without amendment, as the case may be. 

§ 10. When a question of order arises, it arrests 
all consideration of the subject out of which it 



See Sec. 5, 
p. 169. 



See privi- 
leged ques- 
tions, page 
171. 



Custom of 
Congress. 



See p. 170. 



Cust. Ho. 
Keps. 



250 



ADJOURNMENT. — ORDERS OF THE DAY. 



Re. 2, Ho. 

Reps., p. 67 



Re. 46, 48, 
and 49, Ho. 



and 



Jeff. Man 
i. 188, this 



Custom Ho, 



, 27, Ho 

3., p. 74 



arose, and should be first decided, after which the 
business that gave rise to it should, unless disposed 
of by the question, be resumed at the point at 
which it was suspended. All questions of order 
should be promptly decided, without debate, by the 
presiding officer. 

ADJOURNMENT. 

§ 1. A MOTION to adjourn is always in order, un- 
less it be made immediately after the question to 
adjourn has been negatived ;* then it would not 
be in order, for the question already decided would 
be the same as the one following it. 

§ 2. An assembly may adjourn for conference, 
or for a certain number of minutes. 

§ 3. Should a regular adjournment take place 
during the consideration of any business, or before 
any question is decided, the subject before the as- 
sembly at the time is thereby removed, and will 
not come up as the first business of the next meet- 
ing, but will take its place as the first item in 
order on the roll of unfinished business. 

ORDERS OF THE DAT. 

§ 1. When any subject before an assembly is 
postponed to a certain day, it is called the order 
for that day. If two or more subjects be post- 
poned to the same day, they form the orders for 
that day. 



* Or unless a motion be made to fix the time to whicli the assembly 
will adjourn. [See note to Rule 48, Ho. Reps. p. 80.] 



READING PAPERS. 



251 



§ 2. If a subject be postponed to a certain hour 
of the day named, it is not a privileged question 
before that time. If no hour be stated, it takes 
precedence of all other business for every part of 
that day, or so much of it as is necessary for the 
final decision. 

§ 3. A motion for the order of the day takes 
precedence of all other questions, and should be 
first put to vote ; unless a motion be made to ad- 
journ, or a question arise respecting the rights and 
privileges of the assembly, or some of its mem- 
bers. 

§ 4. The business before an assembly, at the 
time it is decided to take up the special orders of 
the day, is affected precisely the same as if it had 
then adjourned, and comes up, as a matter of 
course, first on the roll of unfinished business at 
the next meeting. 



BEADING PAPERS. 

"When documents, or papers of any kind, bearing 
directly on the question, are in possession of the 
assembly, any member may demand that they be 
once read, and it is the duty of the presiding ofii- 
cer to take the vote thereon ; or when it appears 
evident that the reading of a paper will give im- 
portant information, and tend to dispatch business, 
he may direct the secretary to read it, but if any 
member object, a vote should at once be taken as 
aforesaid. 



Re. 30, Sen. 
p. 130. 



Jeff. Man. p. 
160 and 168, 
this book. 



Re. 58, Ho. 
Eleps. p. 84. 



Re. 57, Ho. 
Reps. p. 84. 
Rnlel4,Sen. 
p. 127. 



252 



ORDER OF BUSINESS. — THE PREVIOUS QUESTION. 



Re. 36, Ho. 
Rep. p. 103. 



Re.55,Ho. 
Reps. p. 



Re. 50, Ho. 
Reps. p. 81. 



ORDER OF BUSINESS. 

§ 1. If an important motion, or business of any 
kind, be obstructed by some rule or regulation, it 
may be suspended, for the purpose of disposing of 
the same by a vote of two-thirds of the members 
present. 

§ 2. A motion to suspend should always be put 
before the consideration of the question which 
would be in order by the rules of the assembly. 

§ 3. No motion or proposition on a subject differ- 
ent from that under consideration, should ever be 
allowed, by way of amendment. 

THE PREVIOUS QUESTION. 

§ 1. When the previous question is moved, and 
seconded by a majority, the presiding officer should 
rise and say, " The previous question has been 
moved and seconded. Shall the main question* 
be now put?" 

§ 2. The object of a call for the previous ques- 
tion is, generally, to wind up a tedious and unpro- 
fitable debate. This question, if decided in the 
affirmative, suspends all further consideration of 
the main subject, and stops all debate or amend- 
ment pertaining there to,f and the vote is at once 
taken without further deliberation. 



•5^ The main question is the principal and original subject. See the 
note to Rule 50 at the bottom of the 81st page. 

■f In Congress, the mover of the previous question aims to get an 
affirmative decision, and bring the subject to a direct vote. In Parlia- 
ment, on the contrary, the design is to get a negative decision, and sup- 
press a vote on the question altogether. A negative decision, accord- 



THE PREVIOUS QUESTION. 



253 



§ 3. A direct vote maybe taken on any subject; 
without the previous question, by a rule that after 
a specified time, appropriated to its consideration, 
all debate thereon shall cease, and that the assem- 
bly shall vote directly on all questions pertaining 
thereto. 

§ 4. Or a society may make a rule that no mem- 
ber shall speak more than once, nor longer than a 
certain number of minutes. 

§ 5. No debate should ever be allowed on the 
previous question after it is properly demanded, 
but the vote should always be first taken on the 
auxiliary, or as they are sometimes called, subsi- 
diary questions, provided the main subject is so 
encumbered. 

§ 6. For example, suppose it has been moved 
and seconded to refer the main question to a com- 
mittee previous to the call for it ; then the vote 
should first be taken on that proposition, and 
should it prevail, the main question would be dis- 
posed of. But if not, the next vote should be on 
amendments, if any, reported by a committee ; then 
on amendments, if any, proposed in the assembly ; 
and lastly on the main question itself* 

§ 7. If, when the previous question is called. 



ing to Parliamentary usages, puts off all further consideration of the 
main question ; but by a negative decision, according to the custom of 
Congress, the debate goes on the same as if the motion for the previous 
question had not been made. 

•^ The Parliamentary practice is contrary to the Congressional rule 
in regard to this question. See previous question, Jefferson's Manual, 
page 172 this book. 



Re. 34, Ho. 
Reps., p. 76. 



Re. 51.H0. 
Reps. p. 82. 



Re. 50, Ho. 
Reps. p. 81. 



Re. 46, Ho. 
Reps. p. 79. 



254 



THE MOTION TO COMMIT — ^AMENDMENTS. 



Re. 56, Ho. 
Reps. p. 82. 



Re. 46, Ho. 
R«ps. p. 79. 



Re. 46, Ho. 
Reps. p. 79. 



Jeff. Man. 
p. 174, this 
book. 



there b^ no secondary questions pending, then the 
vote should be taken directly on the main ques- 
tion. 

§ 8. A motion to postpone to a certain day may 
be amended by the substitution of a different time, 
provided it be within the session of the assembly, 
so as not to make the subject different from the 
one first under consideration. 

THE MOTION TO COMMIT. 

§ 1. The motion to commit* is next in order, 
and may be amended by substituting a different 
committee, by increasing or diminishing the num- 
ber, or by instructing the committee to introduce 
some particular amendment. 

§ 2. When a motion to commit, or recommit, 
as the case may be, is decided in the affirmative, 
the principal question, and every thing pertaining 
thereto, is removed, for the time being, from the 
assembly ; but if it be negatived, it wilt still re- 
main, and must be disposed of in some other way. 

AMENDMENTS. 

§ 1. There are three different ways of making 
amendments : 

1st. By inserting or adding some specified word, 
phrase, sentence or section. 

2d. By striking out some specified word, phrase, 
sentence or section. 



* Or if the subject has been once before a committee to re-commit. 



AMENDMENTS. 



255 



3d. By striking out some particular part, and 
inserting, or adding in its stead, or otherwise, some 
word, phrase, sentence or section. 

§ 2. Every proposition of several sections ought 
to be first read throughout by the secretary. Then 
the presiding officer should read it, by clauses, 
beginning immediately after the. preamble, and 
pausing, at the end of each clause, to give room 
for inquiries, amendment, &c. 

§ 3. After any portion of a bill, or paper, has 
been amended, it is not in order to go back and 
make any additional alteration or amendment. 
The only means to reach this point is by reconsi- 
deration. 

§ 4. The right way to consider and amend every 
paper, is to commence at the beginning and go 
through it by clauses. But on the second reading 
by the presiding officer, the preamble, if any, 
should be omitted till all the other parts have 
been acted on, for the reason, that on the exami- 
nation of the balance of the paper, such changes 
may be made therein as to require the alteration 
of the preamble. 

§ 5. It is in order to move an amendment to an 
amendment, but no further.* When, in the opin- 
ion of any member, an amendment to the amend- 
ment may be improved, he may give notice that 
if rejected in the form A. B., in which it is pre- 
sented, he will move it again in the form C. D., in 
which he desires it. 



* It is never in order to amend an amendment to an amendment. 



Re.l27,Ho. 
Reps.^.l02. 



Jeff. Man. 
Clause 2d, 
p. 164, this 
book. 



Custom of 
Cong, and 
Jeff. Man., 
Clause 3d, 
p. 164. 



Cust. Ho. 
Reps. 



256 



AMENDMENTS. 



Ke. 55, Ho. 

Reps. p. 82. 



See Sec. 29, 
Clause 4, p. 



See Jeff. 
Man..clause 

1st, p. 174 
this book. 



Re. 12,Sen, 
p. 126. 



§ 6. A resolution may be amended by striking 
out all after " resolved/' and inserting a new pro- 
position, provided it relates to the subject under 
consideration. 

§ 7. It is a fundamental rule, that whatever is 
agreed to by an assembly, on a vote adopting an 
amendment to a proposed amendment, cannot be 
afterwards changed by rejecting the amendment ; 
that is, the rule acts on the principle that the 
amended amendment is based upon and be- 
friends the original proposition, and not the amend- 
ment. 

§ 8. Hence, if the original proposition be A. B. 
C. D., and the amendment be to strike out C. D., 
and the amendment to the amendmentbe to strike 
out D. If the latter be sanctioned, and the former 
be rejected, then D. no longer remains a part of the 
first proposition. 

§ 9. A motion for an amendment, once nega- 
tived, cannot be renewed in the same form. 

§ 10. If an amendment be proposed and agreed 
to, by striking out or inserting some specified word 
or words, the question cannot again be put to 
strike out or insert the same words. The propo- 
sition, in its original form, can only be had by re- 
consideration. 

§ 11. But the same words, or a part of them, may 
again be used in connection with other words, pro- 
vided they are so arranged as to make a proper 
coherence and a different proposition. 

§ 12. When it is moved to amend by striking 



MODE OF DEBATE. 



25: 



outj or by adding or inserting, or by striking out 
some specified words and adding or inserting 
others, the question should be stated by reading 
the whole proposition to be amended as it stands. 
Then the words proposed to be stricken out. Next, 
those to be inserted, and finally the whole propo- 
sition as it will be if amended. 

§ 13. After all the amendments have been dis- 
posed of, the presiding officer should put the final 
question, on agreeing to, or adopting the whole 
'bill, or paper, amended, or unamended, as the 
case may be. 

I MODE OF DEBATE. 

I § 1. No person, in speaking, should mention 
[ any one present by name, but ought to describe 
I him by the place or State he represents, or as the 
I member on my right or left, or the member who 
'■■ spoke last, or the last but one, or the gentleman on 
the other side of the question, or my colleague, or 
the gentleman who ofiered the resolution or the 
amendment, &c. 

§ 2. The object of this mode of procedure is to 
do away with all manner of excitement, and to 
exclude all personal feeling, both of friendship and 
of enmity. The members should each act in an 
official, not personal, capacity. 

§ 3. No one should ever use langusige ofiensive 
or insulting to the assembly, or any member 
thereof The consequences of a measure may be 
denounced in strong terms, but everything per- 



Jeff. Man. 
clause 2d, p. 
174, this bk. 



Jeff. Man. 
p. 157, this 
book. 



Clause 5, 
p. 157. 



258 



MODE or DEBATE, 



Rls. 35 and 
36, Ho. Rep. 
p. 77. 

Re. 6, Sen. 
p. 125. 



Re. 37,Ho. 
Reps. p. 77. 



See Jefif. 
Man. p. 



Re. 113,Ho. 

Reps. p. 98. 



Re. 34, Ho, 
Reps. p. 76. 



Re. 85, Ho. 
Reps. p. 77. 



taining to the motives of those who advocate it, 
should be scrupulously avoided. 

§ 4. When a member is called to order, the ex- 
ceptionable words should, at once, be written 
down. 

§ 5. When a member has spoken once, and de- 
sires to occupy the floor again, before others wish- 
ing to speak have done so, he ought to ask leave 
of the presiding officer, who says, '' Shall the 
member have leave ?" If no objection be made, 
or if objected to and decided in the affirmative, he 
says, " The gentleman will proceed." 

§ 6. Leave should always be obtained to make 
any statement to the assembly which does not in- 
volve a motion. No subject ought to be consid- 
ered open for debate till after it has been stated by 
the presiding officer. 

§ 7. All incidental questions of order, motions 
to reconsider, to take up particular items of busi- 
ness, and to read documents pending a ^question, 
should be promptly decided without debate. 

§ 8. No member should be permitted to occupy 
more than one hour in debate. In societies that 
hold only one meeting, it will be advantageous 
to limit each individual to a certain number of 
minutes. 

§ 9. Whenever a member is declared out of 
order, he should not be permitted to proceed, if 
any one object, without the consent of the as- 
sembly. 

§ 10. A faithful observance of the rules for con- 



QUESTIONS NOT DEBATABLE. 



259 



ducting public business best promotes the har- 
mony, prosperity, and usefulness of every deliber- 
ative body. It is not enough for a few to un- 
derstand legislative proceedings, for then business 
is transacted and power exercised by a minority, 
the real criterion of a monarchy. 

§ 11. The genius of free institutions presupposes 
that each member, however humble, as an indi- 
vidual, has an equal right with every other one, to 
submit his propositions, bring forward official busi- 
ness, explain, recommend, and discuss all matters 
pertaining thereto. 

§ 12. No assembly should ever know a member 
either with undue favor or prejudice, but should 
always look to the merits of the case, and pa- 
tiently examine and deliberately decide thereon. 

QUESTIONS NOT DEBATABLE. 

§ 1. In order to economize time, and secure dis- 
patch of business, the following questions should 
never be debated : 

1. Amotion to ^il the day of adjournment. 

2. A motion to adjourn. 

3. A motion to lie on the table. 

4. The previous question, and all incidental 
questions pertaining thereto. 

5. All appeals in calls to order. 

6. All questions relating to priority of business. 

7. A motion to read any paper. 

8. A motion to take the yeas and nays. 



Re. 48, Ho. 

reps. p. 80. 



Re. 50 and 
51, IIo. Rep. 
pp. 81 and 

"2. 

Re. 35, Ho. 
Rep. p. 77. 
Re. 113, Ho. 
Reps. p. 98. 
Re. 14, Sen. 
p. 127. 
Re. 16, Sen. 
p. 127. 



260 



THE DIVISION or A QUESTION. 



Custom of 



Re. 6, 
p. 125. 



Re. 53, Ho 

Reps. p. 82. 

And Re 

12, Sen. p 

126. 



Re. 151, 
Ho. Reps. p. 
106. 



Re. 53, Ho, 
Reps. p. 82 



9. A motion relating to priority of business or 
to any particular part thereof. 

10. A motion to reconsider. 

11. And all motions relating to order should be 
promptly put or decided by the presiding officer^ 
subject, however, to an appeal. 

THE DIVISION OF A QUESTION. 

§ 1. When a question in debate contains two or 
more separate and distinct points, any member 
may have the same divided. When there is a call 
for the division of a question, the presiding officer 
should determine whether it is susceptible of sepa- 
ration ; if so, into how many parts it may be divi- 
ded. 

§ 2. The member who calls for the division of a 
question, should also state the form in which he pro- 
poses to have it taken, for a motion to divide as- 
sumes the nature of an amendment, and as such 
may be amended. 

§ 3. It may happen that a proposition will con- 
tain several separate and distinct parts, some of 
which may be very pernicious, while the others 
will be exceedingly beneficial. Hence the wisdom 
of the rule in permitting any member to demand 
a division. It offers the shortest way of amend- 
ment, and throws every question upon its own in- 
trinsic merit.* 



* This rule, though sanctioned by both Houses of Congress, is con- 
trary to the Parliamentary rule. See division of the question, Jeffer- 
son's Manual, page 175, this book. 



TO LIE ON THE TABLE. 



261 



INDEFINITE POSTPONEMENT. 

Indefinite postponement admits of neither de- 
bate nor amendment; it suppresses a question al- 
together, without coming to a direct vote thereon 
in a way which cannot be renewed during the ses- 
sion. This motion decided in the affirmative in 
Congress, is equivalent to the previous question 
decided in the negative according to the ancient 
rule in parliament. 

POSTPONEMENT TO A CERTAIN TIME. 

When an assembly has more subjects before it 
than can be disposed of in one day ; or when its 
members wish for more information, or want time 
for examination and reflection, a motion should 
be made to postpone the business to a certain 
time, when different days are named, the question 
should be first put on the longest period, 

TO LIE ON the table. 

§ 1. The motion to lie on the table takes pre- 
cedence of every other, except that of adjournment. 
When an assembly wishes to lay aside the consi- 
deration of any proposition for a short, but indefi- 
nite time, the motion to lie on the table should be 
made. 

§ 2. K this motion be decided in the affirmative, 
the main question, with every thing pertaining 
thereto, is removed. All subjects lying on the 



Re. 52, Ho. 
Reps., p. 82. 



Custom of 
Congress. 



Re, 130, Ho. 
Rep. p. 102. 



.46, Ho. 

IS. p. 79. 



262 



THE MOTION TO RECONSIDER. 



Be. 56, Ho, 
Reps. p. 83. 



Ke. 20, 1 
p. 128. 



Re. 44, 1 
p. 135. 



table may be renewed whenever it suits the con- 
venience of the assembly. 

§ 3. The motion to lie on the table is often re- 
sorted to by those unfavorable to a proposition, the 
operation of the rule being similar to the ancient 
application of the previous question, for, unless a 
majority afterwards consent to take up the subject, 
it is quashed. 

§ 4. When it is proposed to lay any proposition, 
report, resolution, or paper on the table, the friends 
of the measure should have it limited to a specified 
time, or until certain questions have be^ decided; 
after which, a motion should be made that the 
assembly proceed to consider the subject on the 
table. 

THE MOTION TO RECONSIDER. 

§ 1. When a motion has been carried, either in 
the affirmative or negative, it is in order for any 
member who voted on the side which prevailed to 
move for a reconsideration, on the same or the 
succeeding day, or at the next meeting after the 
one at which the question proposed to be recon- 
sidered was passed or rejected. 

§ 2. But no motion to reconsider is in Qrder 
after the subject upon which the vote was taken 
shall have been announced, by authority, and gone 
out of the possession of the assembly. 

§ 3. In all cases a motion to reconsider should 
be decided by a majority of the votes present, and 
it takes precedence of all other questions, except 



APPEAL. 



263 



those to adjourn, and brings the whole subject up 
for debate the same as if it had not been acted on. 
§ 4. Adroit politicians sometimes vote on the 
side of their opponents when a question is likely to 
be lost for the purpose of moving a reconsideror 
tion ; but if it appears that a few members wish 
to retard the public business by this manoeuvre, it 
is proper to lay the motion to reconsider on the 
table, which effectually disposes of it, unless a mar 
jority desire to call it up again. 



APPEAL. 

§ 1. A DECISION of a presiding officer may be 
made the subject of appeal by any two members, 
and the motion to appeal may then be debated and 
decided the same as any other question. The pre- 
siding officer may give the reasons for his decision, 
but neither he nor any member should speak more 
than once, without leave of the assembly. 

§ 2. When an appeal is made from the decison 
of the chair, the question ought to be put in the 
following manner : " Shall the decision of the 

CHAIR STAND AS THE DECISION OF THE ASSEMBLY?" 

§ 3. The appeal and the vote thereon should be 
recorded by the secretary.* The question of ap- 
peal supersedes, for the time being, the further 
consideration of the subject before the assembly ; 
but so soon as it is settled business should be re- 
sumed at the point at which it was interrupted. 



Re. 56, Ho. 
Reps., and 
Note, p. 83. 



* It is always in order to move that the appeal lie on the table. 



Re. 1; Ho. 
Reps. p. 67. 



264 



MOTIONS. 



Rls. 9 and 
10, Sen. p. 
126. 



Re.43,Ho 
Reps. p. 79. 



Re.45,Ho 
Reps. p. 79. 



MOTIONS. 

§ 1. No MOTION should be put till it be seconded 
by some member * Every motion should, if de- 
sired by the presiding officer, or any member, be 
reduced to writing, and read, before any action or 
debate thereon. 

§ 2. Every motion properly made should either 
be stated by the presiding officer, or, being in writ- 
ing, read aloud by the secretary. 

§ 3. After a motion is stated, or read, it is in 
possession of the assembly, but may be withdrawn 
by the mover at any time before an amend- 
mentf or decision. 

§ 4. When a question is stated, the presiding 
officer should first give the floor to the mover, if 
he rises to speak. When a motion to consider any 
particular item of business is negatived, it cannot 
be renewed till some other subject has been dis- 
posed of. 

§ 5. When business is brought before a^ assem- 
bly which is not desirable to consider, a motion for 
indefinite postponement may be made. 

§ 6. When a subject is presented in a suitable 
form, a motion to proceed with its consideration, or 
to adopt, or reject it, may be made. 

§ 7. When the general outline of a proposition 
is acceptable, and desirable to be passed, with some 



* The presiding ofl&cer, if a member of the assembly, may second the 
question. 

■f After an amendment it can only be withdrawn by general consent, 
or by a unanimous vote. 



QUORUM. 



266 



erasures, additions, or other changes, a motion to 
amend may be made. 

QUORUM.* 

§ 1. Every assembly, to attain the highest de- 
gree of usefulness, should have the respect and 
confidence of the community. Important ques- 
tions may be decided by one vote. 

§ 2. It is to be presumed that the larger the 
number present, the more wisdom will be brought 
to bear on the subject under consideration ; the 
less hasty and ill advised will be the proceedings ; 
the more in accordance with the will of the majority 
and the welfare of the whole community, will be 
the action of the assembly. Hence, a majority of 
all the members should be necessary to form a 
quorum. f 

§ 3. Business cannot be lawfully commenced 
without a quorum, nor can the proceedings go on, 
if at any time there be not a majority of mem- 
bers present. 

§ 4. A less number, of a permanent assembly, 
than a quorum may send for the absent members, 
or adjourn from time to time, till a quorum be ob- 
tained.J 



^ Any assembly may make a rule that a smaller number than a ma- 
jority shall constitute a quorum. 

f No one should accept a public trust, unless there is a strong proba- 
bility that he will be able to serve his constituents, by giving the busi- 
ness committed to his charge his personal attention and support. 

X See Quorum, Sec. 3, Jeff. Man., 'page 150, this book. 



Ke. 1, Ho. 

^ps. p. 67. 

Const. U. 
S., Art. 1, 
Sec. 5, p. 11, 
this book. 



Re. 126, Ho. 
Rep. p. 101. 



Re. 65, Ho. 
Rep. p. 85. 

Re. 8, Sen. 
K 126. 



266 



THE QUESTION. 



Custom of 
Spkrs Ho. 
Reps. 



Custom of 
Congress, 



§ 5. No member should be permanently absent, 
from the services of the assembly, unless he have 
leave, or be sick, or unable to attend. 

THE QUESTION. 

§ 1. When a member offers any subject for the 
consideration of an assembly, his proposal is 
called a motion ; when the motion is stated by the 
presiding officer for acceptance or rejection, it is 
called a question ; when the question is adopted, 
it becomes the judgment and act of the assembly, 
and is called its resolution or law. 

§ 2. Whenever deliberation on any subject 
appears to be closed, the presiding officer should 
rise and say, "■ Is the assembly* ready for the ques- 
tion ?" And, after a momentary pause, unless in- 
terrupted, he proceeds to state the question, or 
calls on the secretary to read it,f and then takes 
the vote thereon. 

§ 3. Whenever it is reasonable to suppose that 
no objection will be made, the presiding officer 
may economize the time of the assembly, by dis- 
pensing with the formality of taking a vote, by 
saying, " If no objection be offered the report will 
be received." " The petition will be received." 



* Society, meeting, or convention, as the case may be. 

•{- It will often occur that the question can only be stated by the presid- 
ing officer. The presentation of petitions ; the reports of committees ; the 
call for the yeas and nays, &c., are examples of this kind. In these 
cases the question should be, *' shall the petition, or the report be re- 
ceived?" "It is moved and seconded that the yeas and nays be 
taken," &c. 



THE YEAS AND NAYS. 



267 



"• The secretary will read the paper." " The gen- 
tleman from , has leave to withdraw the mo- 
tion," &c. 

§ 4. In every instance of this kind, the consent 
of the assembly is taken for granted. If any one, 
immediately after a vote has been declared in 
this smnmary, but informal way, offers any objec- 
tion, the presiding officer should say, " The ques- 
tion has been objected to." It cannot be put 
unless regularly moved and seconded. 

§ 5. An intelligent and skilful officer will cause 
an assembly to dispatch, in a proper manner, more 
business in one day, than an indolent or unin- 
formed one would accomplish in thrice the time. 

§ 6. In stating a question, the affirmative should 
always be put first. No member should vote who 
was not in the room at the time the question was 
put, but every one present then should vote, unless 
he has a direct personal or pecuniary interest in 
the question, or unless he is excused. 



THE YEAS AND NATS. 

§ 1. When questions of great importance are 
before an assembly, the members should vote 
with the utmost care and deliberation. To secure 
wise legislation, and impress representatives with 
a due sense of responsibility to their constituents 
and to the Union, the framers of the Constitution of 
the United States, inserted a clause requiring both 
Houses of Congress to keep a record of the votes 



Custom of 
Congress. 



Re. 4, Ho. 

Reps. p. 67. 

Re. 40, Ho. 

Reps. p. 78. 



Re. 42, Ho. 
Jeps. p. 79. 



Const., U. 
S., Art. 1, 
Sec. 4, page 
12. 



268 



THE YEAS AND NAYS. 



Re. 4, Ho. 

Eeps. p. 67 



of the members thereof, whenever desired by one- 
fifth of those present.* 

§ 2. This precaution was necessary, for in all 
the Parliamentary rules of England, which were 
generally adopted in the United States, no pro- 
vision of the kind exists. This is a feature too 
republican in character to suit monarchial legisla- 
tion, and it is a reason why Congressional rules 
should be followed instead of Paeliamentaey. 

§ 3. Whenever any member calls for the yeas 
and nays, the presiding officer says, " There is a 
call for the yeas and nays ; those in favor of the 
call will rise." If one-fifth of the membersf rise, 
he says, "The yeas and nays are required. As 
many as are of the opinion that, [stating the 
question,] will [when their names are called,] 
answer yea ; and as many as are of a contrary 
opinion, will answer nay.^^ " The secretary will 
call the roll." 

§ 4. After the names of all the members have 
been called, the secretary reads first the names of 
those in the affirmative, and then those in the ne- 
gative, so that mistakes, if any, may be corrected. 
He then adds up the number on each side, and 
hands the result to the presiding officer. 



* The calling of the yeas and nays in the House of Representatives 
of the United States, occupies usually, when done in the most expedi- 
tious way, about one hour, and costs, at a moderate estimate, the 
Government five hundred dollars, on an average, every time the yeas 
and nays are called. Hence, it was judged best to fix the number as 
high as one-fifth of the members present. 

•j- Or whatever number may be prescribed by the by-laws. If less 
than the required number should rise, he says the motion is lost. 



A SYNOPSIS or ENGLISH LEGISLATION. 



269 



A SYNOPSIS OF ENGLISH LEGISLATION. 

§ 1. Parliament is the Legislature of the United 
Kingdom of Great Britain and Ireland. It is com- 
posed of three branches, namely, the King or 
Queen, the House of Peers, and the House of Com- 
mons. 

§ 2. The kingly office is hereditary, and forms 
the executive* branch of the legislature. As head 
of the church, the king (or queen as the case may 
be) appoints all archbishops and bishops. All 
other titles of honor must also emanate from the 
crown. 

§ 3. The house of peersf is also hereditary, and 
is composed of the lords spiritual, consisting of two 
archbishops, twenty-four English bishops, and four 
Irish representative bishops, with the Mrds tempo- 
ral, consisting of twenty-four dukes, twenty mar- 
quises, one hundred and fourteen earls, twenty 
viscounts, two hundred and eleven barons, sixteen 
representative peers of Scotland, and twenty-eight 
representative peers of Ireland, making a total of 
four hundred and thirty-three. 

§ 4. The House of CommonsJ consists of two 
hundred and fifty-three representatives of counties, 
who are known as knights of shires, and are re- 
quired to have an annual income of two thousand six 
hundred and sixty-six dollars. There are also four 



* The corresponding oflBce in the United States is the President 
f The corresponding house in the United States is the Senate. 
J The corresponding branch in the United States is the House of 
Representatives. 



J 



270 



A SYNOPSIS OP ENGLISH LEGISLATION. 



hundred and ^ve representatives from cities and 
boroughs, who are each required to have an annual 
income of at least thirteen hundred and thirty- 
three dollars. Those representing cities are known 
as citizens, and those from boroughs as burgesses. 
Total in the house of commons, six hundred and 
fifty-eight. 

§ 5. The privilege of voting is subject to various 
and intricate laws, owing to the position of the 
citizen, but in every case a voter must have his 
name registered in the place in which he resides. 
No one is permitted to vote who has less than two 
hundred dollars worth of real estate, or w^ho does 
not p'ay rent for property worth at least eleven 
hundred dollars. 

§ 6. The king convokes parliament, and at the 
beginning of each session delivers to both houses 
an address,* stating the matters he wishes them to 
consider and act on, and until this is done neither 
house can proceed with any public business. 

§ 7. On the assembling of a new parliament the 
Lord Chancellorf states that his majesty will, so 
soon as the members are sworn, declare the causes 
for calling this parliament. The House of Com- 
mons then proceed to elect their speaker, and all 
the members take the oath of office. 

§ 8. Before any business is undertaken prayers 



^ Corresponding to the message of the President of the United States. 

fWho presides over the House of Peers. A Parliament continues 
for seven years, unless sooner dissolved by the crown, i. e. the members 
of the House of Commons are elected for the term of seven years. The 
peers, of course, hold their office for life. 



A SYNOPSIS OF ENGLISH LEGISLATION. 



271 



are read ; in the house of lords by a bishop, and 
in the commons by their chaplain. The former 
usually meet at five o'clock in the afternoon, the 
latter at four. 

§ 9. Three members in the house of peers, and 
forty in the house of commons, make a quorum for 
the transaction of public business. When any 
question arises on which a difference of opinion is 
expressed, those in affirmative in the house of 
lords answer content, and those in the negative 
non content. In the house of commons the answer 
is aye and no. 

§ 10. When the presiding officer cannot decide 
by the voices, which party has the majority, or 
when his decision is questioned, a division takes 
place. In the house of lords the contents or the 
non-contents, as the case may be, pass to the out- 
side of the bar, leaving the other party in the house. 

§ 11. A similar practice prevailed in the house 
of commons up to 1836. Since that time a new 
plan has been adopted which gives better satisfac- 
tion, because the party remaining in the house 
had an advantage in securing the votes of the 
" inattentive, the indifferent, and the indolent." 

§ 12. There are two small halls at each end of 
the house ; on a division the main room is entirely 
cleared, one party being sent to each hall. Two 
clerks are stationed at each of the entrances to the 
main hall, holding lists of the members in alpha- 
betical order, printed on large sheets of paste-board, 
to avoid the delay of turning over pages. 



See Jefif. M., 

last clause, 
p. 179, this 
book. 



272 



A SYNOPSIS OF ENGLISH LEGISLATION. 



§ 13. While the meipbers are passing into the 
house again, the clerks place a mark against the 
names of each, and the tellers count the number. 
These sheets are sent to the printer, who sets up 
the marked names in their order ; and the division 
lists are then printed the following morning, to- 
gether with the votes and proceedings of the house. 

§ 14. When matters of great interest are to be 
debated in the house of peers, the lords are sum- 
moned. In the house of commons an order is 
made that the roll be called, and the absent mem- 
bers are ordered to attend on a certain day. 

§ 15. A peer has the right to make another lord 
of parliament his proxy, to vote for him in his ab- 
sence, in all cases except in committee, or in the 
trial of another peer. He is also entitled, when a 
question ' is decided contrary to his sentiments, to 
record his opinion, and the reasons of it, by a pro- 
test in the journals, together with the names of all 
the peers who concur therein. 

§ 16. All proposed laws must be introduced to 
the notice of parliament in the shape of bills which 
may originate in either house, unless they are for 
granting supplies, or unless they directly or indi- 
rectly involve the levying or appropriation of some 
tax, in which cases they must originate in the 
house of commons.* 

* See corresponding rule of the goYernment of the United States, Sec. 
7, page 14. 



NATURALIZATION. 



273 



NATUKALIZATION. 

§ 1. The laws of Congress on the subject of natu- 
ralization have been frequently changed. The act of 
1790 requires only two years' previous residence. 
In 1795, the period was enlarged to five ; and in 
1798, to fourteen; but in 1802, it was reduced 
back to five years, and this act is still unaltered. 

§ 2. Foreigners, who move to this country, with 
the intention of making it their permanent resi- 
dence, have many inducements to become citizens, 
since they are unable as aliens, to possess a per- 
manent freehold interest in land, and are precluded 
from voting at the elections, or holding any civil 
office, or taking any active part in the administra- 
tion of the government. 

§ 3. Any white foreigner may obtain the privi- 
leges of a natural born citizen, by declaring, on oath, 
before any State court of record, having common 
law jurisdiction* and a clerk ; or before any cir- 
cuit, or district court of the United States, or be- 
fore a clerk of either, two years, at least, before 
his admission, his intention to become a citizen, 
and to renounce his native allegiance. 

§ 4. At the time of his admission, his country 
must be at peace with the United States, and he 
must, before one of the aforenamed courts, take an 



* The following is the form of the declaration : I, A B , do 

declare on oath, that it is honoi fide, [i. e. in good faith, or in reality] 
my intention to become a citizen of the United States, and to renounce 
forever, all allegiance and fidelity to all and every foreign prince, po- 
tentate, state, and sovereignty whatever, and particularly to the king 
of , of whom I was a subject. 



Foreigners 
naturalized. 



See Acts of 
Cong. 14th 
April, 1802, 
ch. 28. 

The 3d of 
March,1813, 
ch. 184. 

And 22d of 
March,1816, 
ch. 32. 



Sec Acts of 
Con.26 May, 
1824,ch.l86, 
and 24 May, 
1828,ch.ll6. 



2>n 



NATURALIZATION. 



oath* to support the constitution of the United 
States, and likewise an oathf to renounce and ab- 
jure his native allegiance. He must, at the time 
of his admission, satisfy the court, that he has Re- 
sided five years at least, within the United States, 
and one year at least in the State where the 
court is held, and he must satisfy the judges 
that during that time, he has behaved as a man 
of good moral character, attached to the principles 
of the constitution of the United States, and well 
disposed to the good order and happiness thereof J 



* The following is the form : I, A B , do solemnly swear 

that I will support the constitution of the United States of America. 

I I, A B , do absolutely and entirely renounce and abjure 

all allegiance and fidelity to every foreign prince, potentate, State, or 

sovereignty whatever, and particularly to — — King of , of 

whom I was subject. A B . 

Sworn in open court, the day of , 1852, before me. 

L — W , Judge. 

J The children of Persons duly naturalized, being minors at that 
time, shall, if dwelling in the United States, be deemed citizens. The 
following is the form of a certificate of citizenship : 
United States of America, | 

State of , County of . / 

Be it remembered, that on the day of , in the year of our 

Lord one thousand eight hundred and fifty , A B ap- 
peared in the court, [which is a court of record having common law ju- 
risdiction and a clerk and seal] and applied to the court aforesaid, to be 
admitted to citizenship of the United States of America, pursuant to the 
several acts of Congress for that purpose made and provided ; and the 
said applicant having thereupon produced to the court such evidence, 
made such declaration and renunciation, and taken such oaths as are 
by the said acts required ; thereupon it was ordered by the said 
court, that the said applicant be admitted, and he was accordingly ad- 
mitted by the said court to be a citizen of the United States of America. 
In testimony whereof, the seal of the said court is hereunto affixed this 

day of , A. D. 185-, and in the year of our Independence. 

By order of the court, S T , Clerk. 

[Seal of the court,] 



SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 



275 



A SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 

§ 1. As a general rule, all elections by the peo- 
ple should be held between the hours of nine A. 
M., and six P. M. There are usually three per- 
sons appointed to receive the tickets and see that 
none are illegally cast, or that none but those 
qualified, vote. These persons are known in dif- 
fered States by diflferent titles. They are usually 
called inspectors or judges of the election. It is 
their duty to have a position that will enable 
them best to receive the tickets of the voters, and 
over or near the window, door, or place, at which 
the tickets are received, should be printed or 
written in legible characters, the name of the 
town, township, or ward. 

§ 2. Every person claiming the right to vote at 
any election should, if required by the inspectors 
or judges, prove that he is a natural born citizen 
of the United States ; or that having been an 
alien, he has been naturalized conformably to the 
laws of the United States. The only evidence 
required is the certificate of naturalization, under 
the seal of the court where his admission to citi- 
zenship took place. The names of all voters should 
[whenever circumstances will allow it] be regis- 
tered in alphabetical order by the collector of 
taxes or some other officer, and be used as refer- 
ence, when necessary, by the inspectors or judges. 

§ 3. Every voter may deliver either written or 
printed tickets, but each ticket should be on a sepa- 



276 



SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 



rate piece of paper. Each inspector or judge, on 
receiving the ticket of a voter, should call out 
aloud his name, which should be entered by the 
clerk on a separate list, and the judge may insert 
the letter Y opposite the name, in the regular al- 
phabetical list. Tickets should be delivered per- 
sonally by the voter, and oughts never to be re- 
ceived by any other person, and should be imme- 
diately deposited in the ballot box, and thej|^ re- 
main till the polls are closed. When the polls 
shall be closed, the box, or boxes, as the case may 
be, should be opened and the inspectors should 
take out the tickets and read aloud the name or 
names of the candidates written or printed thereon, 
and the clerk, or clerks, should carefully enter, as 
read, each ticket as it is taken from the box, and 
keep an account of the same on papers prepared 
for the purpose, so that the number of votes for 
each candidate tallied thereon, may be readily 
known. 

§ 4. It is customary when more names are 
printed on a ticket than the law allows, or when 
two or more tickets have been improperly folded 
together to reject them entirely. But no ticket 
ought to be rejected which contains less than the 
required number of names. After the votes shall 
be counted, they should be returned to the ballot 
box, which ought to to be bound round tight with 
tape and sealed by the judges of the election. The 
box with all the lists, tally papers, &c., should 
then be delivered to the nearest justice of the 



SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 



277 



peace, who should safely keep the same, for the 
proper tribunal in case of a contested election. 

§ 5. It is then the duty of the judges to trans- 
mit within three days, the results of the election 
under seal to the clerk of the county court. 

§ 6. After the votes given for any office shall 
have been read off and counted,, the presiding 
judge, i. e., the one first named in the order of the 
appointment, should publicly declare the number 
of votes given for each candidate, and then the 
judges should make out a certificate under their 
hands and seal, and set forth the number of votes 
given for each of the several candidates.* 



* A FORM OF ELECTION RETURNS. 

At an electioa held on Wednesday, the day of , Anno 

Domino one thousand eight hundred and fifty , at the Hall, 

in the town of , in the county of , being the election dis- 
trict in the county aforesaid, on closing the polls it appeared that the 
votes were cast for the following persons : 

FOR GOVERNOR. 

James , had five hundred and eighty-six votes, . . , 586 

Joseph , had two hundred and ninety-one votes, . . 291 

FOR REPRESENTATIVES IN CONGRESS. 

TVm. C , had five hundred and sixty votes, .... 560 

John , had three hundred and seventeen votes, . . . 317 

FOR STATE SENATOR. 

Aaron , had five hundred and ninety-seven votes, . . . 597 

Amos B , had two hundred and eighty-four votes, . . 284 

FOR HOUSE OF REPRESENTATIVES. 

Stephen , had five hundred and eighty-five votes, . . . 585 

Joshua L , had two hundred and eighty-nine votes, . . 289 

Scattering, three votes, 3 

And so on for town clerk, select men, or whatever may be the title of 
the officer. 

In testimony whereof, we, the judges of the election for the said dis- 
trict, have hereunto set our hands and seals this day of , A. 

D. 185—. THOMAS W. W . [seal.] 

HIRAM . [seal.] 

BEN J. B . [seal.] 



278 



SYNOPSIS OP PROCEEDINGS IN ELECTIONS. 



§ 7. It is usually the duty of the presiding judge 
of each election district, to take charge of the cer- 
tificates aforenamed, and to produce the same at 
a general meeting of all the presiding judges of 
each election district of the county, at the court 
house the third day after the election [or in case 
the third occur on Sunday, the fourth day.] These 
judges, when assembled, should elect some one of 
their number as chairman, and also two suitable 
persons as clerks, who with the judges, are usually 
sworn to perform the duties of their office with 
honesty and fidelity. 

§ 8. After the meeting is thus organized, the 
representative judges from each election district, 
should deliver the certificates of election of their 
respective districts to the president of the meeting, 
who should cause the clerks to add the number of 
votes which shall appear, by said certificates, to 
have been given for any candidate or candidates, 
in respect to each office. It is then the duty of 
the clerks to make out duplicate returns, which 
should be signed by all the judges present. The 
returns for governor and State, senator, are gene- 
rally directed to the State Senate;* — a represen- 



* The following is the usual form : 
To the Hon, the Senate of the State of 

The undersigned, judges of the election held in the sereral districts 

of the county of , on the inst., A. B., one of the judges of the 

first district ; C. D., one of the judges of the second district, and so 
on [one judge from each district according to the number of districts in 
the county] being assembled at the court house of the county afore- 
said, and having carefully examined the returns of the several dis- 
tricts, and enumerated and added the votes therein contained, do cer- 



SYNOPSIS OF PROCEEDINGS IN ELECTIONS. 



279 



tative in Congress, to the Governor ;* and a State 
representative, to the House of Representatives. 
It may be remarked that each State has its par- 
ticular laws in reference to the qualifications of 
voters, and its pecuhar manner of conducting elec- 
tions, but the above forms, so far as they go, are 
adopted by most of the States in the Union. 



tify that at the said election, the votes for governor appeared as fol- 
lows, viz : 

For Wm. H , five thousand votes, 5,000 

For C , four thousand six hundred votes, . . 4,600 

In testimony whereof, we have hereunto set our hands and seal, &c. 

* Whose duty it is to give the representative his credentials to the 
House of Representatives of the United States. 



- 
Table I. exhibiting the Seats of Government, the Times of the Election of 
State Officers, and the Meeting of the Legislatures of Each State. 


States. 


Seats of 
Government. 


Times of Holding 
Elections. 


Times of the Meeting 
of the Legislatures. 


Maine, 


Augusta, 


2d Monday in September, 


2d Wednesday in Jan. 


N. H., 


Concord, 


2d Tuesday in March, 


1st Wednesday in June. 


Vt., 


Montpelier, 


1st Tuesday in Sept., 


2d Thursday in Oct. 


Mass., 


Boston, 


2d Monday in November, 


1st Wednesday in Jan. 


R.L, 


Prv. & Newp't 


1st Wednesday in April, 


lstTu.inMay,laBtM.Oc. 


Conn., 


Hart. & N. H. 


1st Monday in April, 


1st Wednesday in May. 


N.y., 


Albany, 


Tu. after 1st Mon. in Nov. 


1st Tuesday in January. 


N.J., 


Trenton, 


Tu. after 1st Mon. in Nov. 


2d Tuesday in January. 


Pa., 


Harrisburg, 


2d Tuesday in October, 


IstTuesdayin January. 


Del., 


Dover, 


2d Tuesday in Nov., 


1st Tues.in Jan.,62e«n.* 


Md., 


Annapolis, 


1st Wednesday in Nov., 


1st Wed. in Jan., bienn. 


Va., 


Richmond, 


4th Thursday in April, 


1st Mon. in Dec, bienn. 


N-.C, 


Raleigh, 


1st Thursday in August, 


3d Mon. in Nov., bienn. 


s. c, 


Columbia, 


2d Monday in October, 


4th Monday in Nov. 


Ga., 


Milledgeville, 


1st Monday in October, 


1st Mon. in Nov., bienn. 


Fla., 


Tallahassee, 


1st Monday in October, 


1st Mon. in Nov., bienn. 


Ala., 


Montgomery, 


1st Monday in August, 


2d Mon. in Nov., bienn. 


Miss., 


Jackson, 


1st Mon. and Tu. in Nov., 


1st Mon. in Jan., bienn. 


La., 


Baton Rouge, 


1st Monday in November, 


3d Mon. in Jan., bienn. 


Texas, 


Austin, 


1st Monday in August, 


December, bienn. 


Ark., 


Little Rock, 


1st Monday in August, 


1st Mon. in Nov., bienn. 


Mo., 


Jefferson City, 


1st Monday in August, 


Last Mon.in Dec.,6zeww, 


Iowa, 


Iowa City, 


1st Monday in August, 


1st Mon. in Dec, bienn. 


Tenn., 


Nashville, 


1st Thursday in August, 


1st Mon. in Oct., bienn. 


Ky., 


Frankfort, 


1st Monday in August, 


1st Monday in Dec 


Ohio, 


Columbus, 


2d Tuesday in October, 


1st Mon, in Jan., bienn. 


Ind., 


Indianapolis, 


1st Monday in August, 


Th. af . IstMon.inJan. ,bi. 


111., 


Springfield, 


Tu. after 1st Mon. in Nov. 


2d Mon. in Jan., bienn. 


Wis., 


Madison, 


Tu. after 1st Mon. in Nov. 


1st Monday in January. 


Mich., 


Lansing, 


1st Tuesday in November, 


1st Monday in January. 


Cal., 


San Jose, 


Tu. after 1st Mon. in Nov. 


1st Monday in January. 


* Biennially, that is, every other year, or once in two years. 



(280) 



STATISTICAL TABLES. 



281 



TABLE IV. Exhibiting the number of inhabitants in the largest cities ; num- 
ber of Patents taken out by States from 1790 to 1850; number of Fugitive 
Slaves for the year ending June 1st, 1850; manber of Slaves set at liberty 
for the year ending June Ist, 1850; Immigration into the United States 
from Great Britian during the 26 years from 1825 to 1850 inclusive. 



Population of the 33 largest cities in the U.S 
according to the Census of 1850. 



New York city, 
Philadelphia, Pa* 
Baltimore, Md. 
Boston, Mass. 
New Orleans, La. 
Cincinnati, 0. 
Brooklyn, N. Y. 
St. Louis, Mo. 
Albany, N. Y. 
Pittsburgh, Pa. 
Louisville, Ky. 
Charleston, S. C. 
Buffalo, N. Y. 
Providence, B. I. 
Washington city, D. < 
Newark, N. J. 
San Francisco, Cal.f 
Rochester, N. Y. 
Lowell, Mass. 
Williamsburg, N. Y. 
Chicago, 111. 
Troy, N. Y. 
Richmond, Va. 
Syracuse, N. Y. 
Alleghany, Pa. 
Detroit, Mich. 
Portland, Me. 
Mobile, Ala. 
New Haven, Conn. 
Salem, Mass. 
Milwaukie, Wis. 
Roxbury, Mass. 
Columbus, 0. 



[515,507 
374,232 
169,048 
136,871 
116,348 
115,436 
97,838 
77,860 
50,763 
46,601 
43,196 
42,958 
42,261 
41,512 
40,001 
38,894 
37,000 
36,405 
33,383 
30,780 
29,963 
28,785 
27,482 
22,271 
21,261 
21,019 
20,815 
20,513 
20,345 
20,264 
20,061 
18,364 
18,183 



Patents taken out 
by States from 
1790 to 1850. 



Me. 


416 


N. H. 


403 


Yt. 


389 


Mass. 


2,372 


R. I. 


253 


Conn. 


1,252 


N. Y. 


5,245 


Pa. 


2,422 


N. J. 


511 


Del. 


605 


Md. 


736 


Va. 


568 


N. C. 


145 


S. C. 


131 


Ga. 


85 


Fla. 


2 


Ala. 


78 


Miss. 


37 


La. 


86 


Texas, 


4 


Ark. 


1 


Mo. 


51 


Tenn. 


129 


Ky. 


208 


Ohio, 


990 


Mich. 


65 


Ind. 


138 


111. 


94 


Iowa, 


3 


IWis. 


7 


Cal. 


0,000 


D. C. 


0,000 



I 



19 

249 
89 
57 
14 
91 
16 
32 
49 
79 
33 
11 
59 
69 

143 



Immigra'n 
into the U. 
S. from G. 
Britain, t 



174 

483 

211 

2 

2 

30 
22 
14 
11 
96 
5 
6 

54 

40 

146 



5,551 
7,063 
14,526 
12,817 
15,678 
24,887 
23,418 
32,872 
29,109 
33,074 
26,720 
37,774 
36,770 
14,332 
33,536 
46,642 
45,017 
63,852 
28,335 
43,660 
58,538 
82,239 
142,154 
188,233 
219,450 
223,078 



000 



* With the County, 408.815. 



f Estimated. 



282 


STATISTICAL TABLES. 


TABLE V. Exhibiting the number of Dioellings, Families, White Males, 


Slaves, DeoUhs, Farms, Manufacturing 


Establishments, Federal Re- 


STATES. 


Dwellings. 


MmUies. 


WhitemdUs, 


White, 
FemMea, 


CdUyred 
Males, 


Cdm-ed 

Females. 


Maine, 


95,797 


103,787 


296,635 


285,128 


705 


620 


N. H. 


57,389 


62,287 


155,902 


161,487 


243 


232 


Yt. 


56,327 


58,475 


159,374 


153,528 


866 


343 


Mass. 


152,835 


192,679 


484,284 


501,420 


4,314 


4,481 


R I. 


22,379 


28,216 


70,417 


73,583 


1,660 


1,884 


Conn. 


64,013 


73,448 


180,001 


183,304 


8,749 


3,737 


N. Y. 


473,956 


566,862 


1,545,052 


1,504,405 


22,998 


24,939 


N. J. 


81,064 


89,080 


233,746 


232,494 


11,542 


11,551 


Pa. 


386,292 


408,421 


1,142,863 


1,115,600 


25,057 


28,266 


Del. 


15,209 


15,439 


35,771 


35,518 


8,989 


8,968 


Md. 


81,708 


87,384 


211,495 


207,095 


34,914 


39,163 


D. ofC. 


7,917 


8,292 


18,548 


19,479 


4,210 


5,763 


Ya. 


165,797 


167,512 


451,510 


443,726 


25,843 


27,986 


N. C. 


105,542 


106,023 


272,789 


280,506 


13,226 


13,970 


s. c. 


52,642 


52,937 


137,773 


136,850 


4,110 


4,790 


aa. 


91,011 


91,471 


266,096 


255,342 


1,368 


1,512 


Florida^ 


9,022 


9,107 


25,674 


21,493 


420 


505 


Ala. 


73,070 


73,786 


219,728 


206,779 


1,047 


1,225 


Miss.* 


77,699 


78,103 


145,775 


145,761 


491 


407 


La. 


49,101 


54,112 


141,059 


114,357 


7,598 


9,939 


Texas, 


27,998 


28,377 


84,863 


69,237 


171 


160 


Ark. 


28,252 


28,416 


85,699 


76,369 


318 


271 


Tenn. 


129,420 


130,005 


382,270 


37,427 


8,072 


3,191 


Ky. 


130,769 


132,920 


392,840 


368,848 


4,771 


4,965 


Ohio, 


336,098 


348,523 


1,004,111 


951,997 


12,239 


12,061 


Indiana, 


170,185 


171,564 


506,400 


471,205 


5,472 


5,316 


Illinois, 


146,544 


149,153 


445,644 


400,460 


2,756 


2,610 


Mo. 


96,849 


100,890 


312,986 


279,091 


1,338 


1,206 


Iowa, 


32,962 


33,517 


100,885 


90,994 


168 


167 


Wis. 


56,117 


57,319 


163,806 


139,794 


365 


261 


Mich. 


71,616 


72,611 


208,471 


186,626 


1,412 


1,145 


Cal.* 


25,000 


47,987 


158,000 


41,000 


800 


200 


Min. T. 


1,102 


1,016 


3,695 


2,343 


21 


18 


N. Mex. 


13,453 


13,502 


31,706 


29,782 


14 


3 


U. T.* 


2,000 


3,000 


16,000 


8,500 


300 


200 


Or. 


2,374 


2,374 


8,142 


4,945 


119 


87 


* Estimated. The returns at the Censiis Office 


being incomplete.— The above tables 


script at the Census Bureau, and are probably pn 


blished six or eight months in ad- 



STATISTICAL TABLES. 283 


White Females, Colored Males, Colored Females, Total Free Population, 


presentative Poptdation, Total Population. 


Total Free 
Population. 


Slaves. 


Deaths. 


Farms. 


Manuf. 
Estab. 


Federal Rep. 
Population. 


Total Pop. 


583,088 


000,000 


7,545 


46,760 


1,682 


583,088 


583,088 


317,864 


000,000 


4,268 


29,229 


3,301 


317,864 


317,864 


313,611 


000,000 


3,130 


29,687 


1,835 


313,611 


313,611 


994,499 


000,000 


19,414 


34,235 


9,637 


994,499 


994,499 


147,544 


000,000 


2,241 


5,385 


1,144 


147,544 


147,544 


370,791 


000,000 


5,781 


22,445 


3,913 


370,791 


370,791 


3,097,394 


000,000 


44,339 


170,621 


23,823 


3,097,394 


3,097,394 


489,333 


222 


6,467 


23,905 


4,374 


489,466 


489,555 


2,311,786 


000,000 


28,318 


127,577 


22,036 


2,311,786 


2,311,786 


89,246 


2,289 


1,209 


6,063 


513 


90,619 


89,246 


492,667 


90,368 


9,594 


21,860 


3,863 


546,887 


583,035 


48,000 


3,687 


846 


264 


427 


No Delegate. 


51,687 


949,065 


472,461 


19,053 


77,013 


4,433 


1,234,541 


1,421,526 


580,491 


288,412 


10,207 


56,916 


2,523 


753,538 


868,903 


293,523 


384,984 


7,997 


29,969 


1,473 


514,513 


668,507 


524,318 


381,681 


9,920 


51,759 


1,407 


753,326 


905,999 


48,092 


39,309 


933 


4,304 


121 


76,947 


87,401 


428,779 


342,892 


9,804 


41,964 


1,022 


634,514 


771,671 


282,434 


300,419 


10,016 


27,897 


1,389 


472,685 


592,853 


272,958 


239,021 


11,948 


13,424 


1,021 


416,365 


511,974 


154,431 


58,161 


3,046 


12,198 


307 


189,327 


212,592 


162,657 


46,982 


2,987 


17,758 


271 


190,846 


209,639 


763,164 


239,461 


11,759 


72,710 


2,789 


906,840 


992,625 


771,424 


210,981 


15,206 


74,777 


3,471 


898,012 


982,405 


1,980,408 


000,000 


28,949 


143,887 


10,550 


1,980,408 


1,980,408 


988,416 


000,000 


12,728 


93,865 


4,326 


988,416 


988,416 


851,470 


000,000 


11,619 


76,208 


3,099 


851,470 


851,470 


594,621 


87,422 


12,211 


54,458 


3,030 


647,074 


672,043 


192,214 


000,000 


2,044 


14,085 


482 


192,214 


192,214 


804,226 


000,000 


2,884 


20,177 


1,273 


804,226 


304,226 


397,654 


000,000 


4,520 


34,089 


1,979 


397,654 


397,654 


200,000 


000,000 


15,000 


3,000 


50 


200,000 


200,000 


6,077 


000,000 


30 


157 


5 


6,077 


6,077 


61,505 


000,000 


1,157 


3,750 


20 


61,505 


61,505 


25,000 


500 


1,000 


4,000 


30 


25,300 


25,500 


13,293 


000,000 


47 


1,164 


51 


13,293 


13,293 


have cost much labor and expense. They have been copied from the original manu- 


Tance of the GoTemment. 



284 


STATISTICAL TABLES. 


TABLE V 


Exhibiting the Agricultural Productions, Value of 


to the Census of 1850. [Ratio of representation, one for every 


STATES. 


Acres of land im- 
proved. 


Value of farming 
implements, &c. 


Value of live stock. 


"Bushels of wheat. 


Maine 


2,019,593 


$2,363,517 


$9,831,488 


367,980 


N. H 


2,251,388 


2,314,125 


8,871,901 


185,658 


Vermont.. 


2,322,923 


2,774,959 


11,292,748 


493,666 


Mass 


2,127,924 


3,173,809 


9,619,964 


29,784 


R. I 


337,672 


473,385 


1,466,636 


39 


Conn 


1,734,277 


2,043,026 


7,353,996 


40,167 


N.York... 


12,285,077 


22,217,563 


74,672,356 


13,073,357 


N. Jersey 


1,770,337 


4,267,124 


10,678,264 


1,508,216 


Penn'a.... 


8,619,631 


14,931,993 


42,146,711 


15,482,191 


Delaware 


524,364 


471,385 


1,718,386 


466,784 


Maryland 


2,797,905 


2,463,443 


7,997,634 


4,494,680 


D.of C... 


17,083 


40,220 


71,573 


17,370 


Virginia... 


10,150,106 


7,021,658 


33,607,952 


14,516,950 


N. Ca 


5,443,137 


4,056,006 


17,837,108 


2,147,899 


S. Ca 


4,074,855 


4,143,709 


15,060,015 


1,066,278 


G-eorgia . . . 


6,323,426 


5,901,050 


25,727,408 


1,085,784 


Florida ... 


349,423 


675,885 


2,945,668 


1,225 


Alabama.. 


4,387,088 


5,066,814 


31,558,686 


292,429 


Miss 


3,489,640 


5,759,738 


19,303,593 


215,181 


Louisiana 


1,567,998 


11,326,310 


10,983,508 


84 


Texas 


635,913 


2,095,308 


10,263,086 


42,448 


Arkansas . 


780,333 


1,594,941 


6,728,254 


193,902 


Tennessee 


5,087,057 


5,351,178 


29,134,193 


1,638,470 


Kentucky 


6,068,633 


5,388,092 


29,898,386 


2,184,763 


Ohio 


9,730,650 


12,716,153 


43,276,187 


14,967,056 


Michigan . 


1,923,582 


2,764,171 


8,005,429 


4,918,706 


Indiana . . . 


5,019,822 


6,748,722 


22,398,965 


6,625,474 


Illinois 


5,114,041 


6,349,826 


24,817,954 


9,433,965 


Missouri... 


2,911,422 


3,977,449 


19,764,672 


2,943,840 


Iowa 


814,173 


1,202,978 


3,602,769 


1,442,074 


Wisconsin 


1,011,308 


1,701,047 


4,594,717 


4,292,208 


California. 


34,312 


88,593 


3,456,725 


98,282 


Minnesota 


5,035 


15,981 


103,859 


3,422 


Oregon.... 


135,357 


183,403 


1,875,989 


228,882 


Utah 


15,219 


78,495 


533,951 


103,441 


N. Mex... 


161,296 


78,217 


1,504,497 


196,575 


Total... 


112,042,000 


151,820,273 


552,705,238 


104,799,230 





STATISTICAL TABLES. 


285 


Stock, and the Representatives in Congress, of each State, according 


93,716 inhabitants.] 








Bushels of Indian 
corn. 


Wool, pounds of. 


Flaxseed, 
bushels of. 


Maple sugar, pounds 
of. 


Hay, tons of. 


•0 


1,741,715 


1,366,866 


362 


87,541 


794,780 


~6 


1,573,670 


1,108,476 


94 


1,292,429 


598,854 


3 


1,625,776 


3,492,087 


307 


5,159,641 


763,579 


3 


2,326,167 


576,736 


72 


768,596 


645,749 


11 


516,133 


111,937 


None. 


None. 


73,353 


2 


1,996,462 


512,529 


9,775 


37,781 


499,706 


4 


17,844,808 


10,021,507 


53,824 


10,310,764 


3,714,734 


33 


8,605,396 


375,932 


12,353 


5,886 


429,119 


5 


19,707,702 


4,784,367 


43,627 


2,218,644 


1,826,265 


25 


2,888,896 


52,887 


838 


None. 


30,159 


1 


11,104,631 


477,438 


2,816 


47,740 


145,070 


6 


65,280 


None. 


None. 


None. 


1,974 





35,538,582 


2,850,909 


53,333 


1,223,905 


370,177 


13 


28,286,999 


915,289 


38,183 


27,448 


145,180 


8 


16,272,308 


487,243 


11 


200 


25,427 


5 


30,428,540 


988,802 


585 


50 


23,427 


8 


1,993,462 


23,235 


None. 


None. 


2,620 


1 


28,485,966 


637,829 


54 


473 


31,801 


7 


21,836,154 


556,057 


21 


110 


12,517 


5 


10,915,051 


105,393 


None. 


260 


20,672 


4 


5,796,735 


122,118 


16 


None. 


8,327 


2 


8,857,296 


181,427 


695 


8,825 


3,924 


2 


52,137,863 


1,840,833 


19,405 


159,647 


72,942 


10 


58,922,788 


2,246,168 


80,458 


388,525 


115,296 


10 


59,788,750 


10,089,607 


185,598 


4,521,643 


1,360,636 


21 


5,620,215 


2,047,364 


1,186 


2,423,897 


394,717 


2 


52,887,564 


2,502,763 


35,803 


2,921,638 


402,791 


11 


57,179,283 


2,129,139 


11,873 


246,078 


586,011 


9 


35,709,042 


1,635,182 


13,439 


171,943 


116,284 


7 


8,475,027 


363,398 


2,182 


70,680 


84,598 2| 


1,983,378 


243,065 


834 


661,969 


295,927 


3 


90,082 


4,800 


None. 


None. 


2,038 


2 


16,665 


260 


iC 


2,950 


2,069: 


2,928 


29,596 


u 


None. 


373! 


9,144 


8,897 


5 


u 


4,288 





355,795 


32,641 


None. 


a 


None. 





591,586,053 


52,422,797 


567,749 


32,759,263 


13,605,384 233 



286 


STATISTICAL TABLES. 


TABLE VI. Exliihiting the Agricultural Productions, Number of 




Deaths, &c., according to the Census of 1850. 


STATES. 


Butter, pounds of. 


Cheese, pounds of. 


Gallons of wine 


No. of 
deaths. 


Ratio to the 
living. 


Maine..... 


8,488,234 


2,201,105 


306 


7,545 


77.29 


N. H 


6,977,056 


3,196,563 


35 


4,268 


74.49 


Vermont.. 


12,128,095 


6,755,006 


140 


3,132 


100.13 


Mass 


7,825,337 


7,124,461 


4,122 


19,414 


5L23 


R. I 


1,066,625 


296,748 


842 


2,241 


65.83 


Conn 


6,620,579 


4,512,019 


3,346 


5,781 


64.13 


N.York... 


82,043,823 


49,785,905 


6,483 


44,339 


69.85 


N. Jersey 


9,070,710 


500,819 


517 


6,467 


75.70 


Penn'a.... 


40,554,741 


2,395,279 


23,839 


28,318 


81.63 


Delaware 


1,034,867 


3,187 


85 


1,209 


75.71 


Maryland 


4,206,160 


3,925 


2,099 


9,594 


60.77 : 


D.of C... 


14,869 


None. 


863 


846 


61.09 


Virginia... 


11,126,795 


434,850 


4,280 


19,053 


74.61 


N. Ca 


4,144,258 


95,043 


10,801 


10,207 


85.12 


S. Ca 


2,979,975 


4,810 


3,680 


7,997 


83.59 


Georgia . . . 


4,640,074 


46,391 


664 


9,920 


91.33 


Florida ... 


375,853 


18,324 


10 


933 


93.67 


Alabama.. 


3,961,592 


30,423 


14 


9,084 


84.94 


Miss 


4,388,112 


20,314 


301 


8,711 


69.63 


Louisiana 


685,136 


1,148 


None. 


11,948 


42.85 


Texas 


2,319,574 


92,018 


94 


3,046 


69.79 


Arkansas . 


1,854,104 


28,440 


10 


2,987 


70.18 


Tennessee 


8,130,686 


179,577 


204 


11,759 


. 85.34 


Kentucky 


10,115,267 


228,744 


4,202 


15,206 


64.60 


Ohio 


34,180,458 


21,350,478 


44,834 


28,949 


68.41 


Michigan . 


7,043,794 


1,012,551 


1,443 


4,520 


88.19 


Indiana . . . 


12,748,186 


666,986 


13,004 


12,728 


77.65 


Illinois.... 


12,605,554 


1,283,758 


2,343 


11,619 


73.28 


Missouri... 


7,762,124 


201,597 


10,193 


12,211 


55.81 


Iowa 


1,933,128 


198,444 


420 


2,044 


94.03 


Wisconsin 


888,816 


440,961 


68 


2,884 


105.82 


California. 


705 


150 


None. 


Unkn. 


Unkn. 


Minnesota 


1,100 


None. 


a 


30 


202.56 


Oregon.... 


211,734 


36,030 


u 


47 


282.82 


Utah 


74,064 


32,646 


u 


239 


47.61 


N. Mex... 


101 


5,887 


2,053 


1,157 


53.15 


Total... 


312,202,286 


103,184,585 


141,295 







STATISTICAL TABLES. 



287 



TABLE VI. Official Synopsis of the Census of Great Britain. [Taken 
March Zlst, 1851.] 





HOUSES. 


POPULATION. 




Inhabited. 


Uniahabited. 


Building. 


Males. 


Females, j Total. 


England and Wales 


3,280,961 

366,650 

21,826 


152.898 
11,956 
1,077 


26,534 

2,378 

2C2 


8,762,588 

1,363,622 

6,651 


9,160,180 

1,507,162 

76,405 


17,922,768 

2,870,784 


Isles in British seas 


142,916 


Total 


3,669,437 

1,047,739 

1,328,839 

281,900 


165,931 

65,159 
52,208 
12,951t 


29,114 

2,113 
3.313 
1,200 


10,192,721 

3,176,727 

4,019,676 

842,849 


10,743,747 

3,339,067 

4,155,548 

816,481 


20,936,468* 

6,515,794 
8.176,727 
1,660,933 


Ireland (1851) 

" (1841) 

Decrease in 10 y'rs 



POPULATION AT VARIOUS PERIODS. 



England, Scotl'd \ 
and Wales / 

Inc. for 10 years ... 
Per ct. for 10 years 



1811 



12,047,455 

1,479,562 

14 



1821 



14,180,351 

2,132,896 

18 



1831 


1841 


16,364,893 


18,658,372 


2,184,542 


2,260,749 


15 


14 



1851 



20,936,468 

2,227,438 

12 



POPULATION OF THE UNITED STATES AT SIMILAR PERIODS. 



Inc. per ct. 
in 10 years 



5,305,940 
35 



1810 



7,239,814 
36M 



5,191 



33 



1830 



12,866,020 



17,068,666 
32 



THE PROMINENT POWERS OF EUROPE CONTRASTED. 



Gr. Brit. & Irel'd 

France 

Russia 

Austria 

Turkey 

Spain 





No. of 


Population. 


men 




in army. 


27,452,262 


129.000 


36,000,000 


265.000 


70,000,000 


700.000 


37,000,000 


500.000 


12.500,000 


220.000 


13.000,000 


160,000 



$3,333,333,333 
886,666.666 
488,666.666 
733,333,3.33 
266,666,666 
866,666,666 



Taxes paid 
to support 
army, &c. 



250,000.000 
335,000.000 
550,000.000 
500,000.000 
75,000,000 
400,000,000 



Yearly income 

of all 

the people. 



2,750,000,000 

1,600,000,000 

UnknoM-n 



Av. tax 
for each 
person. 



$9 

IS 

6 

30 



* Persons in the army, the navy, and the merchant vessels, and out of the country 
when the census was taken, 167,604. f Increase of uninhabited houses. 

X The whole debt of all the powers of Europe is about ten billions of dollars, (which 
has been incurred to sustain the wars of kings and emperors.) This gives an ave- 
rage, for each family of five persons, of nearly $200. [See page 312.] 

§ The amounts in this column go to the annual support of the army and government, and not to pay 
the national debt. The Englishman pays an annual tax to support the army, &c., to the amount of one- 
eleventh of all his income; while the Frenchman, for the same purposes, pays one-fifth. The yearly 
income from the productive industry of the 36,000,000 of people in France is but little more than half 
that of the 27,000,000 in Great Britain. In England there are 630,721 voters; in Wales, 37,924; in 
Scotland, 72,720; and in Ireland, 98,006. In France there are only 250,000 voters. In England, one 
person out of every 26 is a voter ; in Wales, 1 to 23 ; in Scotland, 1 to 38 ; and in Ireland, 1 to 81. In 
France, there is only 1 voter to 137 persons. In the United Slates, there is 1 voter to 7 persons. [This 
subject is illustrated at length in BURLEIGH'S LEGISLATIVE GUIDE.] 



APPENDIX. 



APPENDIX* 

Brief directions to youth, and those inexperienced, who wish to establish 

arid conduct properly Literary and Debating Societies. 

When you intend to write or speak on any subject, endeavor to 

obtain all possible information pertaining to the same, both by reading 

and inquiry, and strive to keep in mind the five following rules for 

THINKING THEREON : 

1. Endeavor to reason clearly and concisely on each part of the sub- 
ject, and all matters pertaining thereto. 

2. Think connectedly of each part with reference to the whole 
subject. 

3. View all the parts of the subject in their most extensive and varied 
applications. 

4. Examine the subject in all its relations and bearings with other 
subjects of a similar nature. 

5. Arrange all your thoughts on the subject in a proper method, and 
a just order, so that others may easily understand and remember your 
observations. 

The following Rules or Method, in arranging a composition, will be 
found useful to the young or inexperienced. 

1. "Use great care and caution in laying the foundations of a dis- 
course, and carefully digest your thoughts upon the subject. 

2. Let your primary and fundamental propositions be not only evi- 
dent and true, but make them familiar to your mind. 

3. Draw up all your propositions and arguments with much caution, 
and express your ideas with exact limitation, so as to preclude objec- 
tions. 

4. Begin with those things which are best known, and most obvious, 
and proceed by regular and easy steps to things that are more difl&cult, 
so that your auditors or readers may attend without fatigue. 

5. Do not crowd too many thoughts and reasonings into one sentence 
or paragraph, so as to exceed the capacity of those you address. 

6. Avoid too many subdivisions ; yet divide every complicated theme 
into its distinct parts, as far as the nature of the subject and your de- 
sign require. 

7. Arrange every idea, proposition, and argument in its proper class, 
and keep each part of the subject in its own place. 



* This Appendix contains an outline for assisting youth, and those inexperienced, in 
conducting discussions and preparing lectures. 



METHOD, ARGUMENTS, AND RHETORICAL ARRANGEMENT. 



8. Never prove those things which need no proof, and. do not suffer 
every occasional and incidental thought to induce you to digress or 
wander from the subject." 

Method is Analytical or Synthetical : 

1. " The Analytical method resolves the compound into its principles, 
and the whole into its parts. 

2. The Synthetical method begins with the parts and leads to a 
whole, or it puts together the principles and forms a compound. 

All Arguments are termed either metaphysical, physical, political, 
moral, mechanical, or theological, according to the science or subject 
from which they are drawn. 

The Argumentum ad judicium is an appeal to the common sense of 
mankind. 

The Argumentum ad fidem is an appeal to our faith. 

The Argumentum ad hominem is rtn appeal to the practices or pro- 
fessed principles of our opponent. 

The Argumentum ad populum is an appeal to the people. 

The Argumentum ex concesso is when something is proved by means 
of another proposition previously conceded. 

The Argumentum ad passiones is an appeal to the passions." 

RHETORICAL ARRANGEMENT. 

The arguments of every discourse, or oration, or composition, should 
be properly classified and arranged. 

The parts of a discourse are sometimes five, and sometimes six, viz. 
the Exordium, the Narration, the Proposition, the Confirmation, the 
Refutation,* and the Peroration. 

1. The Exordium. In the Exordium, or beginning of ^ discourse, 
the writer or speaker gives some intimation of his subject, and solicits 
favor and attention. In this part he ought to be clear and modest ; 
and whatever is trifling, tedious, and prolix, should be avoided. 

2. The Narration. The Narration is a brief recital of the facts con- 
nected with the case from the beginning to the end. This part of a 
discourse ought to be plain and perspicuous, that it may be understood ; 
and probable and consistent, that it may be believed. 

3. The Proposition. In this part is given the true state of the ques- 
tion, specifying the points maintained, and those in which the writer or 
speaker differs from the adversary. Here also the several heads should 
be enumerated, 

4. The Confirmation. The Confirmation assembles all the proofs and 
arguments which can be adduced. The strongest are to begin and to 
end this part, and the weakest are to come in the middle. 



* This division properly applies to forensic discussions. 



AN ORATION DIVIDED INTO PARTS. 



5. The Refutation.* In the Refutation, the writer or speaker answers 
the arguments and objections of his opponent, showing them to be ab- 
surd, false, trifling, irrelevant, or inconsistent, as the case may be. 

6. The Peroration, or Conclusion. In the Peroration, he sums up the 
strongest and principal arguments, and endeavors also to excite the 
passions in his favor. 

EXAMPLE OF AN ORATION DIVIDED INTO PARTS. 
Address of St Paul to Agrippa, Acts xxvi. 2. 

EXORDIUM. 

I think myself happy. King Agrippa, because I shall answer for my- 
self this day before thee, touching all the things whereof I am accused 
by the Jews: especially because I know thee to be expert in all cus- 
toms and questions which are among the Jews : wherefore I beseech 
thee to hear me patiently. 

NARRATION. 

My manner of life from my youth, which was at first among mine 
own nation at Jerusalem, know all the Jews, which knew me from the 
beginning (if they would testify) that, after the strictest sect of our re- 
ligion, I lived a Pharisee. And now I stand and am judged, for the 
hope of the promise made by God unto our fathers : unto which pro- 
mise our twelve tribes, instantly serving God day and night, hope to 
come : for which hope's sake, King Arippa, I am accused by the Jews. 

PROPOSITION. 

Why should it be thought a thing incredible with you that God should 
raise the dead ? 

CONFIRMATION, 

I verily thought with myself, that I ought to do many things contrary 
to the name of Jesus of Nazareth. Which thing I also did in Jerusa- 
lem : and many of the saints did I shut up in prison, having received 
authority from the chief priests ; and when they were put to death, I 
gave my voice against them. And I punished them oft in every syna- 
gogue, and compelled them to blaspheme ; and being exceedingly mad 
against them, I persecuted them even unto strange cities. Whereupon, 
as I went to Damascus, with authority and commission from the chief 
priests ; at mid day, king ! I saw in the way a light from heaven, 
above the brightness of the sun, shining around me, and them which 
journeyed with me. And when we were all fallen to the earth, I heard 
a voice speaking unto me, and saying in the Hebrew tongue, "Saul, 
Saul, why persecuteth thou me ? It is hard for thee to kick against 
the eoads." And I said, "Who art thou Lord ?" And he said, " I am 



* This division properly applies to forensic discussions. 



OUTLINE FOR YOUNG DEBATERS. 



Jesus whom thou persecutest. But rise and stand upon thy feet : for 
I have appeared unto thee for this purpose, to make thee a minister 
and a witness both of those things which thou hast seen, and of those 
things in which I will appear unto thee ; delivering thee from the people 
and from the Gentiles, unto whom I now send thee, to open their eyes, 
and to turn them from darkness to light, and from the power of Satan 
unto God, that they may receive forgiveness of sins, and inheritance 
among them, which are sanctified thi-ough that faith which is in me." 
Whereupon, King Agrippa, I was not disobedient unto the heavenly 
vision ; but shewed, first unto them of Damascus, and afterwards to 
those of Jerusalem, and through all the country of Judea, and then to 
the Gentiles, that they should repent of their sins and turn to God, 
performing deeds worthy of that repentance which they profess. 

REFUTATION. 

For these causes the Jews caught me in the temple, and went about 
to kill me with their own hands. Having therefore obtained help of 
God, I continue unto this day, witnessing both to small and great, 
saying none other things than those which the prophets and Moses have 
declared should come ; that Christ should sufi'er, and that he should be 
the first that should rise from the dead, and should shew light unto 
the people, and to the Gentiles. 

PERORATION.* 

I am not mad, most noble Festus, but speak forth the words of truth 
and soberness. For the king knoweth of these things, before whom 
also I speak freely : For I am persuaded that none of these things are 
hidden from him ; for this thing was not done in a corner. King 
Agrippa, believest thou the prophets ? I know that thdn believest. 
I would to God that not only thee, but also all that hear me this day, 
were both almost and altogether such as I am, except these bonds. 

OUTLINE OF A DEBATE. 

Are fictitious writings beneficial'? 

AFFIRMATIVE. 

Fictions are productions of the most brilliant imaginations, the 
magnificent pictures of fancy, enchanting descriptions of vast fortunes 
acquired by building castles in the air, wonderful adventures of lovers, 
(hairbreadth escapes of knight-errants, and glorious exploits of con- 
querors. Stories to fascinate the young and amuse the aged. 

* There should be an intimation of the conclusion of an address, for the attention of 
the audience generally reyives towards its close, and it is at this point that the orator 
should make his boldest flights, and most powerful efforts to leave an indelible un- 
pression on every mind. 



OUTLINES FOR YOUNG DEBATERS. 



g 2. By fictitious writings we mean novels and romances, unreal 
painting which tickle the fancy, and as proof of their transcendent 
utility in enchaining the mind of youth and creating habits of reading, 
it is only necessary to examine the captivating and alluring style in 
which they are, as a whole, always written. Many, especially young 
ladies, peruse them merely for curiosity, or amusement, and thus form 
a taste for reading which in all probability they never would have done 
were it not for productions of fiction. Novels and romances are illustrated 
with engravings, and are so cheap as to be within the reach of all, and 
tend to create a taste for the fine arts. 

^ 3. But their vast benefits are not confined to the young alone, they 
enter the home of all who have been unfortunate in business, and em- 
ploy the time of disconsolate wives and heart-broken husbands. Many 
families spend happy hours in reading and discussing the merits of the 
last novels of European writers, for it is to be regretted that we have, 
as yet, few if any in that department who equal those of England and 
France. 

§ 4. As a proof of the great benefits of novels we need only allude to 
the fact that many thousands derive their support from their sales. 
Not a railroad car comes in or goes out of any city or village, of any 
note, in this country, but has in it some poor youth, perhaps the child 
of a dissipated father, or which, we believe, is more generally the case 
of a widowed mother, who is loaded with romances, or what amounts 
to the same thing, newspapers and periodicals which contain mostly 
extracts from those works of delightful amusement and recreation. 

^ 5. There is not a steam boat that plies on the waters of this free 
republic from Maine to California but has on board its venders of novels 
and romances. We have already said enough to convince every reason- 
able and intelligent mind of the vast benefits of works of fiction, yet we 
deem it necessary, before closing, to clinch the nail and settle forever 
this heretofore mooted question. It has been found by statistics* of 
England and France that the publication of works of fiction employs 
more persons, gives support to more venders than all the works on re- 
ligion, law, and medicine ; than all the religious, scientific and literary 
magazines, all the religious newspapers and all the other dry literature 
of those countries combined. 

§ 6. It is to be regretted that in the United States we have no sta- 
tistics of the kind, but I am sure the observations of all present will 
bear us out in the assertion that America is not behind the old world 
in appreciating the great benefits of the works of fiction. In all our 
railroad cars, and on all our steamboats to which we have alluded, 
comparatively speaking no other writings are read. The people almost 



* See Edinburgh Magazine for 1850. 



OUTLINES FOR YOUNG DEBATERS. 



unanimously see and acknowledge the benefits of fictitious writings, for 
they patronize no other books in all our public thoroughfares, and vox 

populi vox DEI.* 

I 7. In works of fiction virtue is decked in all its beauty and loveli- 
ness, and vice is held up in such horrible deformity that it need only be 
depicted to be shunned. The reader is taught to enter the bowers of 
paradise created by the former, and enticed from the niiseries of the 
latter. 

^ 8. Many novels, and particularly Sir Walter Scott's, are founded 
on facts, and in them are interwoven all the important historical infor- 
mation that is necessary for any one to know. Again, are not fables 
fictitious ? and what is more, are not the parables of our Saviour ficti- 
tious ? With these overwhelming arguments we rest our cause. 

NEGATIVE. 

^1. Before endeavoring to reply to the arguments of our opponents, 
we give them full credit for doing all that skill and ability can accom- 
plish, they have labored with an enthusiasm worthy of a better cause, 
and their reasonings if permitted to go unrefuted, would doubtless be 
productive of much evil. 

§ 2. The parables of our Saviour are not fictitious, all his parables 
are facts introduced to represent truths, that is. He makes use of 
earthly things to illustrate heavenly realities, and this is done in order 
to make his instructions understood. Fables are modes of illustrating 
truth, and are symbolical facts, and therefore are not fictitious. 

I 3. As far as the novels of Scott are facts or histories, they are not 
fictitious, and hence, have no bearing on the subject, and all those parts 
6f his novels which are fictitious, have a tendency to mislead and de- 
ceive the reader, and are positively injurious. How melancholy it is 
to reflect that the brilliant intellect of Scott vTas squandered in amus- 
ing instead of instructing mankind ; that he labored to please men 
instead of aiding them to do substantial good and glorify their Creator. 

§ 4. Works of fiction do not, as a general rule, clothe virtue in all 
its loveliness, and vice in all its deformity. They familiarize the mind 
with all that is corrupting and depraved, by administering to the sen- 
sual appetites, enervating and stultifying the intellectual powers. The 
very reverse of the assertion of our opponents, is generally true. For 
vice depicted by the tinsel of the novelist, is " first dreaded, then 
pitied, then embraced." 

§ 5. In real history alone is the true line of demarkation drawn; there 
you see the difi'erence between virtue and vice practically illustrated 
in the lives of Arnold and Washington, Nero and Marcus Aurelius, Jo- 



* The voice of the people is the voice of God. 



OUTLINES FOR YOUNG DEBATERS. 



seph and his brethren, Judas and our Savior. Our opponents regret 
that we have no statistics to prove, as they have done with England 
and France, that the sales of novels exceed that of all the other 
books of the country combined. Startling as is this information in re- 
gard to Europe, we will show the sophistry of their conclusions in ref- 
erence to America. It is true that all our public thoroughfares and 
cities are flooded with novels ; because this happens to be the fact, does 
it follow that they are beneficial ? These same places abound with all 
manner of intoxicating drinks, but doos this prove that they are pro- 
ductive of good ? Where are the most crimes committed ? Where 
prowls the libertine? the gambler? the thief? the incendiary? the 
robber ? the murderer ? the enemies of national liberty and of human 
progress ? In the very places where novels are the most abundant ; 
and it is a well established fact that the most heinous criminals read, 
exclusively, works of fiction, and decry everything of a moral and reli- 
gious tendency. Truly, " by their fruits shall ye know them," As for 
the benefits of novels in comforting and sustaining those who have been 
unfortunate in business, the very reverse is true. Novels engaged the 
attention of the young wife ; she neglected her domestic duties, read 
late at night, became fretful and peevish because her husband had not 
millions at his command, because he was not a senator, governor, presi- 
dent, duke, king, or emperor ; she unconsciously neglected her children, 
made her home intolerable, and drove her husband to the intoxicating 
bowl, or chased him, by her petulance, to a premature grave, and the 
poor tatterdemalion orphans so pathetically described by our opponents, 
were made such, through- the pernicious influence of novels. We admit 
that many may derive their entire livelihood by selling works of fiction ; 
but is that beneficial which supports or enriches one or a dozen, and 
ruins thousands ? Is it beneficial for a person to sell apparel which 
scatters contagious diseases, sickness, and death, and fills the land with 
gloom and misery ? Is that benficial which makes us see things through 
a false medium ? Is that right which has the mass of the people on its 
side ? Then is heathenism and idolatry more beneficial than Chris- 
tianity. Then was the banishment of the pure and noble Aristides, by 
the vox populi, just. The arguments of vox populi, so strongly relied 
on by our opponents, reminds us of the discussion of an Irishman and 
an itinerant minister about theatres: "And sure," said the former, 
"theatres must be beneficial for we have in their favor the king of 
England, the king of France, the king of Spain, and all the kings, and 
all the nobility besides, and you, poor devils, have nobody on your side 
except God Almighty." But to return to the subject. The great and 
the wise of our own country totally disregard the sickening tales of 
newspapers and periodicals, that editors insert for silly and weak minds. 
Are the most eminent lawyers, judges, doctors, teachers, and ministers, 



OUTLINES FOR YOUNG DEBATERS. 



advocates of fictitious writings ? Was there ever a novel found in the 
library of a single one who ranks as one of the founders of our govern- 
ment ? The vox sapientiae* is unanimous in favor of the negative of 
the question under debate, and as for the vox populi, it may sustain the 
affirmative side, and crucify the liberties of America, the same as it did 
the Savior op the world. 

^ 6. As for style it is bombastic and vulgar ; for clearness , simpli- 
city, strength, or beauty, the advantages are always in favor of 
the sound literature, and the young will find, by reading books of bi- 
ography and history, as much to captivate and allure towards the 
pinnacle of usefulness and fame, as there is on the side of works of fic- 
tion to contaminate and sink into hopeless wretchedness. As for 
cheapness, the American Bible Society furnish books at a lower rate, 
which lead to eternal bliss instead of eternal misery. As for a taste of 
the fine arts, the reverse is true. The dowdy obscene wood-cuts of 
novels create a taste for all that is madening and tantalizing. The 
gloomy cloud hiding the setting sun of many who were born with the 
brightest earthly prospects before them, has carried when too late, the 
saddest intelligence to naany agonizing hearts, that bad books, novels, 
and romances, are public fountains of vice. 

§ 7. Works of fiction tend to give unnatural views of life, and render a 
distaste for all that is holy. Whoever heard of a novelist that was fond 
of studying and practising the precepts of our Savior. Whoever knew 
a real novel but tended to render the head silly; the heart treacherous 
and corrupt. 

^ 8. The only reason why works of fiction are tolerated, is, that they 
are diluted with a few facts, sugared over with a little virtue, but the 
poison is sure to produce its fatal results. The haunts of Tlissipation 
and wretchedness teem with novels. The worst members of society, if 
they read at all, are certain to read them to the exclusion of all books 
which tend to make the head wiser and the heart better. 

§ 9. Works of fiction, as their name imports, are silent companions 
of guile and falsehood. An eminently wise man once said, '*Let me see 
the favorite books of an individual, and I will tell you his character," 
and another once remarked, "Let me write the book for a nation, and 
I care not who makes the laws." 

^ 10. Works of fiction are pernicious in the extreme, because they 
create a relish, as their name imports, for falsehood ; they tend to make 
weak minded and treacherous men silly, and dissolute women. They 
scatter the seeds of dissipation and depravity, and stifle all holy aspira- 
tions for the lofty and ennobling principles of the Bible. It should 
never be forgotten that this book is the basis of civilization, and of hu- 



* The voice of the wise. 



OUTLINES FOR YOUNG DEBATERS. 



man improvement. No real liberty or happiness has ever existed, nor 
can it ever exist without it. Truly it " transforms the tiger fury and 
blindness of man into the gentleness of the lamb and the harmlessness 
of the dove. Wherever its principles are not studied and revered, re- 
publicanism and human bliss are alike unknown. 

§ 11. Many instances are known of ladies whose youth was as un- 
sullied as the untrodden snow, the pride of their families, bidding fair 
to shine among the brightest literary stars, who began by reading the 
best illustrated novels, and ended with the worst, abandoned their dear- 
est friends, carried the grey hairs of their parents in sorrow to the 
grave, terminated their own lives as outcasts in the vilest dens of 
iniquity. 

§ 12. Were we compelled to lose our life or take a partner addicted 
to reading works of fiction, we would choose the former, but were this 
poor boon denied and the alternative of the latter presented, with that 
of a lady addicted to habitual drunkenness then praying for death, we 
should take the latter, for her habits bi-utalize directly the body, and 
render her an object to be shunned, whereas those of the former de- 
prave the soul and beguile only to ruin forever. 

§ 13. Works of fiction are greater scourges than war, pestilence, the 
inebriating bowl, and famine combined for these have intervals of ces- 
sation, or are mostly confined to the worst part of tKe race, but the 
former are ever present, and are perpetually ensnaring multitudes of 
youth of both sexes, and particularly the fairer and better part of cre- 
ation. Novels and romances, these keenest missiles of Satan, are no 
longer confined to the places of their origin, the despotisms of the old 
world, where they beguile the attention of subjects and aid kings, the 
better to forge their fetters, they are stealing the names of cheap liter- 
ature, and flooding our land. 

§ 14. Our country youths as they for the first time visit some of the 
great marts of the Union are beset on boats, cars or deck, and first en- 
ticed by stool-pigeons of crime to buy the last historical novel ; then 
follows in quick succession the depraving romances of France, in which 
are wilily concealed cards pointing out the most horrible dens of ini- 
quity into which no one has ever or can ever enter with safety. 

§ 15. The reader of works of fiction like the drinker of ardent spirits 
knows not where he will stop, or the evils that will result therefrom. 
No one can with truth say they will not injure me, for millions have 
said the same and been irretrievably ruined. 

§ 16. If man dies not as the brutes of the field and the trees of the 
forest, if the mind lives forever, if human existence be given to fit and 
strengthen the mental faculties for the life to come, then is every work 
which tends to divert attention from the goal to which we are all rapidly 



10 



OUTLINES FOR YOUNG DEBATERS. 



hastening, and unfitting us for the end of our creation, pernicious in the 
extreme. 

^ 17. Novels and romances insidiously allure us from the duties to our- 
selves, our friends and our Creator, and engender a distaste for reading 
the HOLY SCRIPTURES, taking away the purest happiness on earth, and 
the strongest hopes of bliss in heaven. The leaves of the novel, like 
those of the flower that conceals the deadly asp of the Nile, if handled at 
all, are liable to impart an unseen sting of unutterable anguish and 
woe. 

Is it Wrong for a Oovernment to Deprive a wilful Murderer of Life ?* 

APFIRMATIVE. 

^ 1. In supporting the aflSrmative of this question, we shall not at- 
tempt to justify the murderer ; we wish him to receive even hand justice, 
but we desire that he maybe punished otherwise than by death, and in a 
way that the community will be benefitted by his living. For death, 
we propose to substitute imprisonment for life. This plan will be greater 
punishment, and will also produce a revenue to the State, and often 
save the lives of innocent persons. 

§ 2. Many have been executed for supposed crimes, who afterwards 
were proved innocent. By imprisoning alleged criminals, they may, 
when proved guiltless, be set at liberty. The murderer, imprisoned, is 
a living beacon to guard the young against the dangers and penalties of 
crime, and afi'ords the strongest protection to the community. Again, 
taking the life of the murderer, is contrary to Scripture. After Abel 
was killed by Cain, the Lord pronounced a seven-fold vengeance on any 
one who should put him to death. The Bible reads, " Thou* shalt not 
kill." Putting the murderer to death is killing him, and therefore a 
direct violation of the law of God. The Savior pro.yed for his mur- 
derers. 

§ 3. If persons are condemned to death for crimes by the laws, it 
lessens the value of human life in the eyes of the community, " Draco's 
bloody code doomed to death every person who committed the least 
fault ; but this instead of lessening crime increased it. The Romans 
punished with death many small offences — and behold the result, the 
community valued human life so little, and the frequent executions had 
so hardened the hearts of the people, that the deadly combat of the 
gladiators was a source of great amusement even to the ladies, who 
looked on with joy to see man butcher his fellow-man, and hear his 
death-struggle with delight. In England, a few years since, the steal- 
ing of a watch was a capital offence ; yet, while one man was being 



* See Civil Magistrate, Burleigh's American Manual, pps. 268 to 285, inclusive 



OUTLINES FOR YOUNG DEBATERS. 



11 



executed for that crime, it was reported that five hundred watches were 
stolen from the crowd who came to witness his execution, and crimes 
increased with a fearful ratio, so that the government was convinced 
of the necessity of abolishing capital punishment for minor offences. 
In our country, when executions were public, evei'y species of crime 
was committed under the gallows, and frequently other murders were 
perpetrated in the vicinity of the execution, at the .very time or soon 
after. Again, capital punishment is a species of revenge, a relic of bar- 
barism ; the principle is the same as if one man who being knocked 
down, must in turn knock down his antagonist." 

§ 4. The object of law should be the reformation of the criminal, as 
well as the prevention of crime. This is the end of the Divine law 
and government. The Creator does not cut off immediately even the 
greatest rebel against his just laws, but uses means to reform him, 
ever holding out the sceptre of peace and salvation, and entreats him 
to turn and live. Here then is a perfect example for the magistrates 
of earth in the making and executing of laws. For these and the other 
reasons adduced and proved by facts and the Bible, capital punishment 
is wrong, a monstrous, cruel and barbarian custom, a disgrace even to 
savages. As light is dawning on the moral darkness of our globe, we 
trust that this and every other custom that is wrong, will soon be 
banished from the civilized world. 

NEGATIVE. 

^ 1. On this subject so much depends on the peculiar feelings of in- 
dividuals, and the judgments which they form, that unanimity cannot 
be expected unless we set out from acknowledged principles, and 
steadily pursue them to their legitimate consequences. 

I 2. The great object of punishment is the prevention of crime. The 
wilful murderer commits the greatest outrage ; hence a government has 
a right in his case to inflict that punishment which will best prevent 
its recurrence. 

^ 3. The death penalty is universally viewed with more horror than 
any other. Hence it is the most efficacious by way of prevention. No 
murders would ever be committed if the life of the offender were certain 
to be forfeited. There never was and never can be a sentence to prison 
for life without a hope on the part of the culprit for escape. 

g 4. The death penalty of our country offers a reasonable time to the 
convict for rejientance. A person who has committed one wilful mur- 
der, will be certain to commit another, if permitted to live in society, 
and many, if not a majority of them imprisoned for life are pardoned ; 
they contaminate and ruin thousands ; their very breath is a moral pes- 
tilence ; who can doubt but that their death would tend to prevent 
crime, and be productive of more good than evil. 



12 



OUTLINES FOR YOUNG DEBATERS. 



I 5. The affirmative do not attempt to justify the murderex% but their 
arguments from beginning to end tend indirectly to encourage base 
assassins, robbers, murderers and pirates. Imprisonment for life a 
greater punishment than death, was there ever a criminal that preferred 
the latter to the former, "by their actions shall ye judge." 

§ 6. The most heinous convicts always have confederates or asso- 
ciates, who offer vast wealth to the attorney for obtaining a release. 
Whoever knew a lawyer who could not procure a pardon with a bag of 
gold for the most revolting butcheries. 

^ 7. The governor of one of the largest States not many years ago 
went into office worth about four thousand dollars, and went out worth 
half a million, he pardoned only 236 criminals. Think of the number 
of uncalled for pardons that have been granted in our own state. Im- 
prisonment for life to prevent murder is no more sensible than it would 
be to pile up walls of tow to stop the progress of the raging flames, 

I 8. The fallacious efforts of the affirmative to prove the correctness 
of their position by the Bible, are similar to those of the Atheist, to prove 
there is no God. When he reads the latter part of the verse, "there 
is no God," and omits the first part, which says, "the fool hath said 
in his heart," there is no God,* The quotations to sustain the other 
side of the question when properly explained in fact sustains ours. But 
we will give a quotation which answers them, "whoso sheddeth man's 
blood by man shall his blood be shed."f 

§ 9. The safety of the community is endangered by permitting the 
murderer to live. Among the numerous facts on this head, we will 
cite only two. A few years ago, a murderer in Mexico, was sen- 
tenced to die on the wheel ; both of his legs and one arm were cut off 
and he was supposed to be dead. His mangled body was giten to the 
physicians, they took it to the dissecting room and there they discov- 
ered signs of life, and, moved with pity, they used the .means to re- 
suscitate him with success. 

§ 10. They placed him by the side of the public highway that he 
might be supported by the charity of travellers. After being there for 
some time, a wealthy gentleman was passing, of whom the beggar so- 
licited alms — (his remaining hand being concealed under his coat;) he 
held to him a gold coin — the solicitor requested him to put it in his 
pocket, stating that he had lost both of his hands : while stooping to 
fulfil his request, the donor started back at the sudden appearance of a 
hand with a dirk in it ; he took the villain into his carriage and carried 
him to the nearest public house, examined him, and found in his 
pocket besides the dirk a whistle, which at once suggested the idea 
that he was associated with a band of robbers. 



* See Psalm?, chap. liii. 1st. verae. 



f Gen. ix. 



OUTLINES FOR YOUNG DEBATERS. 



13 



§ 11 A numbei' of armed men were collected, and going near the place 
where the beggar had lain, concealed themselves, while one blowed the 
whistle, when immediately several men emerged from a cave with cut- 
lasses, pistols, &c. ; they were fiied oa and killed. The party then pro- 
ceeded to the cavern, and there found a large quantity of gold and silver, 
and a variety of articles, and in another pai*t a trap-door, and in the 
cellar the remains of from twenty-five to thirty bodies, most of whom 
are supposed to have been killed by the one-hand beggar. 

§ 12. Robert Kid, the notorious pirate, stated that after he had com- 
mitted the first murder, he was horror struck^— his remorse of con- 
science was almost insufferable, but it wore away by degrees, and at 
length he killed another, then, he says, " My remorse of conscience was 
great, but not so much as after killing the first man ; at length I 
killed a third ; I now had much remorse of conscience, but still less, 
and so on until I felt, after killing over four hundred, no more remorse 
of conscience in killing a man than in slaying an ox."* The cruelty 
of Roman amusements, gladiators, &c., has no more to do with the 
question under debate, than the bull fights of Spain. The bloody laws 
of Draco made the stealing of a pin as much a crime as the most de- 
liberate murder, and are totally inapplicable to the present question. 
In neither of those instances did the people look to the Bible as the 
light to the path of duty. Capital punishment has been sanctioned by 
the great and wise of every nation and of every age. Washington sanc- 
tioned it, and caused Andre to be executed, who had not even com- 
mitted murder, but was only looking about to see the condition of the 
American army. Substitute imprisonment for the death penalty, and 
society revei-ts to its savage state. 

§ 13. The affirmative propose a half way measure ; grant imprison- 
ment for life, and then its cruelty will be decried, and the moral 
suasion of fanatics substituted therefor. The death penalty cuts off 
Satan's hook from his line, imprisonment only puts on a bait; the 
lock will be broken, the wall scaled, or a pardon obtained, and then 
perhaps a score of murders follow without detection, for practice in crime 
as in every thing else, makes perfect. The murderer may not be pre- 
pared to die, but he always has more time to repent and prepare for 
the dread change than he allows his victim. 

§ 14. The proposition to do away with the death penalty is theoreti- 
cal, but the history of the world and common sense alike convince all 
that it never can be carried out in practice. When the farmer detects 
a wolf destroying his flock does he try to reform the animal in an en- 



* Here we see the awful danger of beginning to do wrong. Oh ! let us refrain from 
commencing any bad course with more caution than we would avoid a mad dog or pes- 
tilence ; for it will prove the path of death to the body, and a source of endless misery to 
the undying soul. 



14 



OUTLINES FOR YOUNG DEBATERS. 



closure. The wilful murderer is a ravenous beast in society ; he de- 
stroys the flock of his Savior, prison walls afford no permanent security 
against his escape, and when at large the life of no one is entirely safe. 
As he grows in years he advances in wickedness, undermines the morals 
of thousands, inflicts vast misery but gives no happiness. His good and 
the good of others alike demand that he be not plotting to kill 
his keepers, and escape from prison, but that he prepare in a given 
time to answer at the bar of God in the best possible way for his atro- 
cious crimes. The laws of no country are so rigidly executed as in Scot- 
land, and in no place, in proportion to population, are there so few 
murders. In the State of Delaware the criminal laws are the most se- 
vere, they have now [1852] no state prison, all criminals are either 
severely whipped with cat of nine tails or hanged. Yet in no State are 
there so few crimes committed. Judge Willard Hall remarked not long 
since that there had been but one horse stolen in Delaware for the past 
fourteen years. The best way to prevent murder is to have laws ren- 
dering detection if possible inevitable, and the greatest punishment, 
which is death, because it is the passage to eternal happiness or end- 
less misery to heaven or hell. It is an acknowledged principle that 
whatever produces more good than evil is right. The death of the 
wilful murderer does this. Hence it is not only right but the duty of 
every government to take the only effective way to regenerate the 
world, to elevate the race, to promote the safety, the happiness of all, 
by quenching the ranting and raging fury of spurious philanthro- 
pists, the apologists, and hence the encouragers of the vilest criminals, 
and by killing instead of nourishing, all deadly reptiles, and extermi- 
nating instead of encouraging all the depraved monsters of crime. ■^ 

Is Party Spirit Beneficial? 

AFFIRMATIVE. 

^ 1. This is one of the most interesting questions that can claim hu- 
man attention. All legislation is defective, and a spirit for differing in 
opinion is a law of our nature. It is not in the power of man to decide 
what is always expedient. Questions must frequently arise on subjects 
both of a religious and political character, about which men will hon- 
estly differ in opinion, and whether it be " the establishment of a church 
without a bishop, or a government without a king ;" the education of 
all the children by the church, or by the public schools of a state, you 
will find that the wisest and the best honestly differ in opinion; that 
they will become leaders of parties, and that these parties are benefi- 
cial in arousing a universal spirit of enquiry. 



* For the illustrative facts in this outline, the author is indebted to Alfred E. Wright, 
who has labored indefatigably in collecting a mass of statistics, and elevating by his 
publications the common schools of our country. 



OUTLINES FOR YOUNG DEBATERS. 



15 



' g 2. Suppose there be a party in favor of war, there must, as a na- 
tural consequence, be one opposed to it. Suppose all were to raise a 
revenue of one hundred millions to conquer an enemy, then there will 
spring up a difference as to the way in which this revenue should be 
raised, collected, and distributed. Party spirit is necessary for the 
healthy administration of a government. It checks those in power from 
becoming oppressive and corrupt. It was through the raging and per- 
fecting power of party spirit, that the Declaration of Independence was 
carried in the Congress of 1776. Had it not been for the beneficial influ- 
ence of opposing parties, our glorious constitution would not have ap- 
proximated so near to perfection as it does. It would, years ago, have 
crumbled, and its ruins caused gloom and desolation throughout the 
country. We see by the blessings of this spirit, that those parts of the 
earth which were formerly inhabited by savages and barbarians, now 
bloom and blossom like the rose, under the noblest form of government 
on which the sun has ever risen. The press is nearly equally divided. 
The partisans in religion and politics, arouse the dormant energies of 
the whole land, and excite among all classes an unquenchable thirst for 
investigation, for research, and mental elevation. All ancient govern- 
ments that were the seats of science, of civilization, and of liberty, 
received the beneficial influence of party spirit. Wherever the sun of 
liberty now shines the brightest ; wherever our holy religion is most 
prized and revered, there do you find this spirit in the fullest plentitude 
of its power. Hence, the demonstration that pakty spirit is benefi- 
cial. 

negative. 
^ 1. There is more of speciousness than of reality in the arguments 
of the affirmative. It is boldly asserted that " a spirit for differing in 
opinion, is a law of our nature." Hence, according to the tenor of this 
fallacious reasoning, God has endowed us with faculties which, if we 
use aright, will lead us to dispute the truth. Our opponents have 
marshalled before you the founders of our government ; and what do 
all their declarations prove : simply, that there was a party in favor of 
a foreign king, and a party in favor of American liberty. The former, 
the advocates of error ; the latter, of truth. We have been eloquently 
reminded of the ancient cradles of science and liberty ; and what does 
it all amount to ; why, simply this : that Republics, rent by the insane 
fury of parties, have been, " like man born of woman, few of days and 
full of trouble." We should deem the history of ancient republics, a 
fable, were it not that their crumbling monuments still attest alike their 
magnificence and the ruinous results of party spirit ; and wherever it is 
now raging ; whether the mass of the people are marshalled under the 
banners of sectarian or political aspirants, there is the progress of lib- 



16 



OUTLINES FOR YOUNG DEBATERS. 



erty jeopardized, and the cause of truth and justice set at defiance. 
No two opposite parties either in religion or politics, were ever or can 
ever, both be equally right ; and the arguments of the af&rmative, in 
demonstrating this question, prove that good is evil and that error is 
truth, and that .both are right. The fact is, there can be no parties 
about truth ; no opposition can rightfully be brought against it. Party 
spirit is the prolific source of falsehood. If truth be known, there can 
be no difference of opinion among honest men. We should assist each 
other in seeking it, and found all our actions on its enduring principles. 
All our investigations should be conducted with fairness and sincerity. 
In even the best regulated christian communities at the present 
day, there are parties. The reason is, that christians are only men. 
Questions arise in which they feel a personal interest, and their feelings 
lead them astray. But this is pernicious instead of being beneficial. 
We are all Americans, and we should feel as did the patriarch of old, 
that there ought to "be no difference between us, for we are brethren." 
There can be but one true and safe course, which is of mutual assistance, 
peace and harmony. In all questions where a difference of opinion 
arises, let us coolly argue the point and calmly weigh the evidence 
thereon, and with the decision of the majority be content. Party spirit 
is at war with these principles ; it is prejudicial to the cause of truth 
and justice. It cares more about a triumph than about right. If par- 
ties exist, error and falsehood must at least be the foundation of one of 
them. The cry becomes what can we do to promote the success of 
our party, whereas it should be, what can we do to benefit our country. 
All become maddened by partisan huzzas, and are zealous for town, 
or country, or state, or northern, or southern lines, and lose sight of the 
permanent good, the prosperity and glory of the whole cou-ntry. This 
pandora box that feeds party spirit, has already threatened the very 
existence of our republic. " The Northerner despises the Southerner and 
the Southerner detests the Northerner. Malicious feelings are produced ; 
whole neighborhoods are in a state of fiendish commotion ; friends are 
separated ; the '.domestic ties of families are sundered ; fraud, violence, 
and murder are nourished by party spirit. No matter how sincere 
persons of opposing parties may be in supposing that their side is right, 
the question in debate has nothing to do with what people think or 
pretend to think, but what is beneficial, not to the leader, but to the 
whole community. All the arguments in favor of parties are visionary 
and fallacious. . Party spirit promotes many wicked and incompetent 
men to office, merely because they are boisterous partisans. The 
watchword becomes, who has served his party with the most zeal, in- 
stead of who is "the most competent, faithful, and meritorious. 

^ 2. Party spirit is opposed to merit ; the great and wise of every age 
and nation have suffered by it. Seneca was condemned to death, Plato 



OtJTLINES FOR YOUNG DEBATERS. 



17 



was doomed to slavery, Pythagoras was burned alive, and Socrates was 
fated to drink the poison cup; all like vile criminals, were sacrificed at the 
shrine of Molock. But we need not go out of our own country for the 
baneful influence of party spirit, Washington was slandered as a traitor, 
a party was raised to displace him from the command of the American 
Army, and public meetings called to burn him in effigy,* No one since 
his day has been a candidate for the highest office in the world without 
being traduced ; as a general rule, the greater the ability and merit, the 
more clamorous and virulent has been the cry of partisan slanderers. 
Unless some rational course be taken to mitigate the animosity of par- 
ties, this boasted republic will follow the fate of all its predecessors, for 
a " House divided against itself cannot stand," but we have already 
said enough to prove that party spirit is subversive of the peace and 
comfort of families, at war with the principles of truth and justice, and 
destructive of the enduring prosperity and renown of a nation. 

Does Christianity diminish human happiness in this life ? 

AFFIRMATIVE. 

Any thing restricts human happiness when the resulting evil over- 
balances the good. Many Christians are willing, if not anxious to die, 
but whoever has known a person not pious willing to meet death. Do 
not all dread it, from the beggar in his lonely hovel to the king in his 
palace. Men seek their own happiness, hence the proof that the 
Christian being unhappy is willing to die, and all who are unconverted 
being comparatively speaking happy, are unwilling to leave the bliss 
they enjoy here below. Where especially among ladies, do you find the 
most mirth and joy, where rings loudest the laugh, where pass away 
the hours under pleasures flying feet, among those who have not the 
restraints of religion to mar their happiness. But we need not be con- 
fined to the narrow sphere of families and neighborhoods Christianity 
has occasioned wars. It caused numerous and direful persecutions in 
the palmiest days of the Roman Empire, and during the reformation. 
It produced the crusades, and the incalculable amount of crime, and 
human wretchedness resulting therefrom, has caused the most bitter 
and heart-rending persecutions throughout the civilized world. We 
know our opponents may bring forward the plea that the eternal hap- 
piness of the bliss of the soul which lives beyond the grave outbalances 
all this, but we wish them confined rigidly to the question, and that 
has reference exclusively to this world, and here we have every one 
who is fond of amusement and the social circle, and the practice and 
actions of the great bulk of the people of this free republic, and the 



Eemembrance of the late Col. James Stimson, of Maryland. 



18 



OUTLINES FOR YOUNG DEBATERS. 



common 
tion. 



sense of mankind, all in favor of the af&rmative of the ques- 



NEttATIVE. 



In proving the negative of this question, we propose to consider first 
the happiness Christianity confers on its possessors, and then its mi- 
raculous power in alleviating human suffering and blessing the whole 
human race. Outward appearances are generally deceptive, the smiling 
countenance often conceals the saddest anguish of the heart, and the 
lady who is all mirth and glee is too often like the dove that folds its 
wings to conceal the barb of death. The minds of those who are 
Christians, like the unrufiled waters, run deep, and enjoy pleasures 
concealed from mortal view. Which is the happiest the votary of 
pleasure or the christian. Death may overtake us at any moment 
The vast sum of human happiness is made up of peace of conscience, 
and that even tranquillity which renders one always contented with his 
present condition, and enables him to confer great and perpetual bliss 
•on all around. The argument of the hour of death so strongly relied 
on by the affirmative is in reality the very strongest one in our favor, 
all must die, the Christian feels ever ready ; he looks forward to the 
binghtest and most glorious prospect, but the sinner "is without hope 
and without God in the world." He is constantly terrified, conscience 
which is ever whispering to him, speaks of the dark and gloomy future, 
he fears perdition, and is ever unhappy. The Possessor, not the 
mere Professor of Christianity, sets a noble example, and carries 
with him every where peace and love, and strews around content- 
ment and happiness.* Christianity confers felicity, for it is the law of 
God, Is there any one so credulous as to believe that Jehtovah would 
annex misery for practising what he has commanded and approved ? It 
has been boldly asserted that Christianity has caused devastating wars, 
that it was the source of the most cruel and unheard of persecutions f 
at the zenith of the power of Imperial Rome ; that it originated the 
crusades and the untold misery resulting therefrom ; that it was the 
source of the heart-rending persecutions during the reformation, and 
that it has continued to embroil and embitter society ever since. The 
fact is, all these atrocities and scourges have originated from an entirely 
different cause, viz : The evil disposition of man. Who acts in direct 
opposition to the whole weight and power of Christianity ; where have 
wars been the most frequent, ferocious, bloody and desolating, in coun- 
tries not Christianized, "whence come wars and fighting among you, 
come they not hence even of your lusts." Persecutions have existed in 
every age and country. Who persecuted Shadrach, Meshack, and 

* See " Do as you would be done by," page 76, Burleigh's School Thinker, 



OUTLINES FOR TOUNG DEBATERS. 



19 



Abednego ? Who does not see the absurdity of the affirmative in at- 
tributing to a cause, effects which are found anterior to it, and 
where it never has existed. All nations have practiced persecu- 
tions where the christian religion was unknown. Persecution is 
found in all communities, and has nothing to do with Christianity, 
which, instead of encouraging, has always presented the strongest pos- 
sible barriers against intolerance. Christ says, " Do good to them that 
hate you and pray for those who despitefally use you and persecute 
you." Christianity has, irrefutably, improved and elevated the condi- 
tion of human society. It has abolished gladiatorial shows, and the 
contests between men and wild beasts. For the offering of human sac- 
rifices it has taught us to acknowledge and forsake our sins. It hum- 
bles kings and nobles, for it teaches them that their poor christian 
menials are better than themselves. It has elevated the condition of the 
poor, and provided for the proper education of children. Christianity 
enhances the happiness of the race inconceivably even in this life. It 
has supplied innocent entertainments for those that were pernicious ; 
it has enacted wise laws ; it has rendered travelling safe ; promoted 
literature, advanced science ; established the law of nations, protecting 
the persons of foreigners in distant countries ; mitigated the horrors of 
war by causing prisoners to be treated with humanity ; created a regard 
for piety ; founded hospitals ; raised woman from her abject condition 
as a chattel and degraded slave to her proper rank in society. Like 
the sun in heaven, its beneficient rays fall on all, though not alike on 
each. Yet every one, however low or degraded, is i-endered happier by 
its beneficent influence. 

§ 3. The preceding outlines have been given to encourage persons who 
have had little or no experience in conducting public discussions. It ' 
may be remarked that the same arguments do not appear alike to every 
mind ; that circumstances may be ingeniously adduced, which if rightly 
construed, would sustain the opposite side of a question, and that mere 
reports are very different from facts, and should always be closely 
scanned. For example, the assertion in the first line of page 11, that 
600 watches were stolen, is incredible, and may be refuted by showing 
that it was a conspiracy among thieves to destroy the law, i. e., one 
thief stole from the other, and that he in turn stole it again, and so on, 
till the same watch had been stolen and re-stole 500 times ; or that 
there were not more than fifty watches at that period in the whole 
country where the execution occurred, &c. Young debaters, like 
children commencing to walk, should receive every possible encourage- 
ment, and should not always be rigidly confined to the subject. 

^ 4. The questions and hints on the following pages are designed for 
societies which have had more experience in conducting discussions. 



20 



HINTS FOR LITERARY AND DEBATING SOCIETIES. 



Is Unanimity in Juries conducive to the Equity of their Verdicts .^* 



AFFIRMATIVE. [Heads.] 

Folly to require unanimity, to 
convict the meanest criminal when 
a bare majority, the preponderance 
of a single vote, will decide the 
most important deliberations of a 
State or Nation. A majority of 
one is sufficient to declare a war 
which will destroy the lives of 
thousands. One perverse and ob- 
stinate individual, or one who is 
corrupted by a bribe, may entirely 
thwart the ends of justice, and 
keep from merited punishment the 
vilest criminal. Improvement is 
the order of the day. In a free 
country the majority should rule. 
Unanimity is a relic of English 
Monarchy. 



NEGATIVE. [Heads.] 

It causes investigation and dis- 
cussion in all questions of differ- 
ence, and leans to the side of 
mercy. A large minority would 
always create dissatisfaction to the 
sentence. It is better for the 
guilty to escape than for the inno- 
cent to be punished. Being con- 
demned by a unanimous voice does 
away entirely with the unjust usur- 
pation of executives ; pardoning 
power. Rulers are liable to be 
bribed as well as jurors. The 
affirmative supports the side of 
theory. The negative is sanctioned 
by all past experience, and the 
approbation of the civilized world. 



Ought Foreign Immigration to he Encouraged ? 



AFFIRMATIVE. [Heads.] 

Needed to increase our popula- 
tion ; to occupy waste land ; to 
add to the power of our army ; to 
our manufacturing establishments ; 
to increase our institutions of 
learning ; and to promote the lite- 
rature of the country. Should be 
encouraged by grants of land and 
naturalization. The exile the 
strongest supporter of Liberty. 
And lastly, the superior intellect 
of foreigners is necessary to im- 
prove American literature. See 
Buffons Natural History, &c. 



NEGATIVE. [Heads.] 

Paupers ; criminals ; Botany 
Bay ; Land monopoly ; Armies a 
curse ; Tools of tyrants ; encou- 
rage all the vice of Europe ; em- 
brace the policy that makes a 
million poor ; a few nabobs. With 
those who engraft monarchial 
principles ; small farms ; merit ; 
To corrupt ballot boxes; Licen- 
tiousness ; Exploded theory. We 
should respect ourselves and our 
country. See lives of Eminent 
American Statesmen and Divines, 
History U. S. &c. 



* See Duties and Responsibilities of Jurors, Burleigh's American Manual. 



HINTS FOR LITERARY AND DEBATING SOCIETIES. 



21 



Do Males exert a Greater Beneficial Influence than Females?* 



AFFIRMATIVE. [Heads.] 
Males are stronger in body and 
mind. Occupy all the learned 
professions ; all offices of trust, 
honor or profit. Direct the com- 
merce, manufactories, education, 
banks, the press and armies. 
Command the wealth ; wealth is 
power ; males found colleges ; the 
strongest levers of Christianity ; 
women dislike colleges ; spend all 
their time and influence in favor of 
pernicious novels and romances. 
This question applies to the whole 
race, in all uncivilized countries 
women are slaves and have no 
influence. 

Ought the Liberty of the 
AFFIRM ATiVE. [Heads.] 
Restrictions necessary to promote 
truth and repress falsehood. Rome 
and Greece were free, yet they had 
no free press. Foulest calumnies 
circulated through the press. Sanc- 
tions robbers of character who are 
more detestable than those of 
money. Thousands live and die 
by being slandered. Like a pesti- 
lence no one is safe from its perni- 
cious attacks. Christianity ridi- 
culed and belied by it. Infidelity 
disseminated. The French revolu- 
tion, 1793, and the reign of terror 
countenanced. Power may be 
abused ; the press is power and 
ought to be restrained. Enter semi- 
naries ; contaminate the young ; 
ruin a nation. 



* See Apology for the freedom of the 
press by Robert Hall. And R. Hunter on 
formation and publication of opinions. 



NEGATIVE. [Heads.] 
Strength no test of intellectual 
power and moral influence. Sir 
Isaac Newton feeble. Women 
mould the character. Sir Wm. 
Jones : Bonaparte; Doddridge ; I 
Washington left exclusively to the | 
mother. Semirarais, Helen of i 
Troy ; Maid of Orleans ; Isabella, j 
Catharine of Russia, Maria The- 
resa, Elizabeth, Pocahontas, Victo- 
ria, Jenny Lind. Free from drunk- 
enness ; Kings control mankind. 
Women control Kings. Hemans, 
Hannah More, &c. &c. Direct the 
afl'airs of the Christian World, 
three-quarters Christian Females. 

Press to be Restricted?"^ 

NEGATIVE. [Heads.] 
Truth, like gold, the more it is 
rubbed the brighter it shines ; al- 
ways prevails over all libellous at- 
tacks. If false restrictions tend to 
perpetuate ; Greece and Rome, did 
not maintain their liberty. More 
crime and vice where it is re- 
stricted. Refutation follows slan- 
der. Destroys tyrants, the rob- 
bers of nations. Millions die for 
the want of having their rights 
fearlessly advocated. A virtuovis 
man lives free, for the calumniator 
is not believed. Christianity re- 
futes its puny attacks ; encircles the 
globe with light and bliss. French 
revolution by stifling free discus- 
sion. A free press exposes bad 
books and stops their sale. Impos- 
sible to restrict it in a beneficial ! 
way. Bad rulers have bad men to 
control it. Our own country, glory 
and hope of the world. 



THE ORIGINAL 

ARTICLES OF CONFEDERATION. 

TO ALL TO WHOM THESE PRESENTS SHALL COME. 

We, the undersigned Delegates of tJie States affixed to our Names, send greeting. 

WHEREAS the Delegates of the United States of America in Conjrress assembled, did, on the 
fifteeiitli Day of November, in the Year of our Lord one thousand seven hundred and seventy- 
seven, and m the second Year of the Independence of America, agree to certain Articles of Con- 
federation and perpetual Union between the States of Isev/ Hampshire, Massachusetts Bay, 
Rliode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, North Carolma, South Carolina and Georgia, in the Words fol- 
lowing, viz. : — 

Articles of Confederation and perpetital Union between the States of New Hampshire, Massachusetts 
Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylva- 
nia, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. 
ARTICLE T. The Style of this Confederacy shall be " The United States of America." 
AR r. 11. Each State retains its Sovereignty, Freedom, and Independence, and every Power, 
Jurisdiction, and Right, which is not by this Confederation expressly delegated to the United 
States in Congress assembled. 

ART. 111. The said States hereby severally enter into a firm League of Friendship with each 
other, for their common Defence, the Security of their Liberties, and their muiual and general 
Welfare ; binding themselves to assist each other, against all Force offered to, or Attacks made 
upon them, or any of them, on Account of Religion, Sovereignty, Trade, or any other Pretence 
whatever. 

ART. IV. The better to secure and perpetuate mutual Friendship and Intercourse among 
the People of the different States, in this Union, the free Inhabitants of each of these States, 
Paupers, Vagabonds, and Fugitives from Justice excepted, shall be entitled to all Privileges and 
Immunities of free Citizens in the several States ; and the People of each State sliall have free 
Ingress and Regress to and from any other State, and shall enjoy thereni all the Privileges of 
Trade and Commerce, subject to the same Duties, Impositions, and Restrictions as the Inhabit- 
ants thereof respectively, provided that such Restrictions shall not extend so far as to prevent 
the Removal of Property imported into any State, to any other State of which the Owner is an 
Inliabitant ; provided also, that no Imposition, Duties, or Restriction shall be laid by any State, 
on the Property of tlie United States, or either of them. 

If any Person guilty of, or charged with Treason, Felony, or other high Misdemeanor in any 
State, shall flee from Justice, and be found in any of the United States, he shall, upon Demand 
of the Government or executive Power of the State from which he fled, be dehvered up and 
removed to the State having Jurisdiction of his Offence. 

Full Faith and Credit shall be given in each of these States to the Records, Acts and judicial 
Proceedings of the Courts and Magistrates of every other State. 

ART. V. For the more convenient Management of the general Interests of the United 
States, Delegates shall be annually appointed, ni such Manner as the Legislature of each State 
shall direct, to meet in Congi-ess on the first Alonday in November, in every Year ; with a 
Power reserved to each State, to recal its Delegates, or any of thein, at any Time within the 
Year, and to send others in their Stead, for the Remainder of the Year. 

No State shall be represented in Congress by less than two, nor by more than seven Mem- 
bers; and no Person shall be capable of being a Delegate for more than three Years in any 
Term of six Years ; nor shall any Person, being a Delegate, be capable of holding any Oflice 
under the United States, for which he, or another for his Benefit, receives any Salary, Fees, or 
Emolument of any Kind. 

Eacli State shall maintain its own Delegates in a Meeting of the States, and while they act 
as Members of the Committee of the States. 

In determining Questions in the United States, in Congress assembled, each State shall have 
one Vote. 

Freedom of Speech and Debate in Congi-ess shall not be impeached or questioned in any 
Court, or Place out of Congress, and the Members of Congress shall be protected in their Per- 
sons from Arrests and Imprisonments, during the Time of their going to, and from, and attend- 
ance on Congress, except for Treasoii, Felony, or Breach of the Peace. 

ART. VI., No State, without the i-.onsent of the United States in Congress assetnbled, shall 
send any Embassy to, or receive any Embassy from, or eater mto any Conference, Agreement, 
Alliance, or Treaty with any King, Prince, or State ; nor shall any Person holding any Office of 
Profit or Trust under the United States, or any of them, accept of any Present, Emolument, 
Office, or I'itle of any Kind whatever from any King, Prince, or foreign State ; nor shall the 
United States in Congress assembled, or any of them, grant any Title of Nobility. 



(22) 



ARTICLES OF CONFEDERATION. 



23 



No two or more States shall enter into any Treaty, Confederation, or Alliance whatever be- 
tween them, without the Consent of the United States in Congress assembled, specifjing accu- 
rately the Purposes for which the same is to be entered into, and how long it shall conlinue. 

No State shall lay any Imposts or Duties, which may interfere with any Stipulations in 
Treaties, entered into by the United States in Congress assembled, with any King, Prince, or 
State, in pui-suance of any Treaties already proposed by Congress, to the Courts of France 
and Spain. 

No Vessels of War shall be kept up in Time of Peace by any State, except such Number only, 
as shall be deemed necessary by the United States in Congress assembled, for the Defence of 
such State, or its Trade ; nor shall any Body of Forces be kept up by any State, in Time of 
Peace, except such Number only, as in the Judgment of the United States, in Congress assem- 
bled, shall be deemed requisite to garrison the Forts necessary for the Defence of such State ; 
but every State shall always keep up a well-regulated and disciplined Militia, sufficiently armed 
and accoutred and shall provide and constantly have ready for Use, in public Stores, a due Num- 
ber of Fieldpieces and Tents, and a proper Quantity of Arms, Ammunition and Camp-equipage. 

No State shall engage in any War without the Consent of the United States in Congress 
assembled, unless such State be actually invaded by Enemies, or shall have received certain 
Advice of a Resolution being formed by some Nation of Indians to invade such State, and the 
Danger is so imminent as not to admit of a Delay, till the United States in Congress assembled 
can be consulted : nor shall any State grant Commissions to any Ships or Vessels of War, nor 
Letters of Marque or Keprisal, except it be after a Declaration of War by the United States in 
Congress assembled, and then only against the Kingdom or State and the Subjects thereof, 
against which War has been so declared, and under such Regulations as shall be established 
by the United States in Congi-ess assembled ; unless such State be infested by Pirates, in which 
Case Vessels of War may be fitted out for that Occasion, and kept so long as the Danger shall 
continue, or until the United States in Congress assembled shall determine otherwise. 

ART. VII. When land Forces are raised by any State for the common Defence, all Officers 
of or under the Rank of Colonel shall he appointed by the Legislature of each State respect- 



ively, by whom such Forces shall be raised, or in such Maimer as such State shall du'ect; and 
all Vacancies shall be filled up by the State which first made the Appointment. 
AJIT. VUI. All Charges of War, and all other Expenses that shall be incurred for the com- 



mon Defence or general Welfare, and allowed by the United States in Congress assembled, 
shall be defrayed out of a common Treasurj% which shall be supplied by the several States, in 
Proportion to the Value of all Land within each State, granted to or sui-veyed for any Person, ;is 
such Land and the Buildings and Improvements thereon shall be estimated, according to such 
Mode as the United States in Congress assembled shall from Time to Time direct and appoint. 

The Taxes for paying that Proportion shall be laid and levied by the Authority and Direction 
of the Legislatures of the several States, witliin the Time agreed upon by the United States in 
Congress assembled. 

ART. IX. 1'he United States in Congress assembled shall have the sole and exclusive Right 
and Power of determining on Peace and War, except in the Ca.ses mentioned in the sixth Ar- 
ticle—of sending and receiving Ambassadors— entering into Treaties and Alliances, provided 
that no Treaty of Commerce shall be made, whereby the Legislative Power of the respective 
States shall be restrained from imposing such Impo.^ts and Duties on Foreigners, as their own 
People are subjected to, or from prohibiting the Exportation or Importation of any Species of 
Goods or Commodities whatsoever— of establishing Rules for deciding, in all Cases, what Cap- 
tures on Land or Water shall be legal, and in what Manner Prizes taken by land or naval 
Forces in the Service of the United States shall be divided or appropriated— of granting Letters 
of Marque and Reprisal in Times of Peace— appointing Courts for the Trial of Piracies and Fel- 
onies committed on the high Seas— and establisliing Courts for receiving and determining 
finally Appeals in all Cases of Captures, provided that no Member of Congress shall be ap- 
pointed a Judge of any of the said Courts. 

The United States in Congress assembled shall also be the last Resort on Appeal in all Dis- 
putes and Differences now subsisting, or that hereafter may arise between two or more States, 
concerning Boundary, Jurisdiction, or any other Cause whatever ; which Authority shall always 
be exercised in the JIanner follovving. Whenever the legislative or executive Authoritv, oi 
lawful Agent of any State in controversy wiih another, sh;-.ll present a Petition to Congress, 
stating the Matter in Question, and prajang for a Hearing, Notice thereof shall be given by Order 
of Congress to the legislative or executive Authority of the other State in Controversy, and a 
Day assigned for the Appearance of the Parties by their lawful Agents, who shall then be 
directed to appoint, by joint Consent, Commissioners or Judges to constitute a Court for hearing 
and determining the Matter in Question ; but if they cannot agree. Congress shall name three 
Persons out of each of the United States, and from the List of such Persons each Party shall 
alternately strike out one, the Petitioners beginning, until the Number shall be reduced to thir- 
teen; and from that Number not less than seven, nor more than nine Names, as Congress shall 
direct, shall in the Presence of Congress be drawn out by Lot, and the Persons whose Names 
shall be so drawn, or any five of them, shall be Commissioners or Judges, to hear and finally 
determine the Controversy, so always as a major Part of the Judges who shall hear the Cause 
shall agree in the Determination : and if either Party shall neglect to attend at the Day ap- 
pointed, without showing Reason? which Congress shall judge sufficient, or being present shall 
refuse to strike, the Congress shall proceed to nominate three Persons out of each State, and 
the Secretary of Congress shall strike in behalf of such Party absent or refusing; and the 
Judgment and Sentence of the Court to be appointed, in the Manner before prescribed, shall 
be final and conclusive ; and if any of the Parties shall refuse to submit to the Authority of 
such Court, or to appear or defend their Claim or Cause, the Court shall nevertheless proceed 
to pronounce Sentence, or judgment, which shall in hke Manner be final and decisive ; the 
Judgment or Sentence and other Proceedings being in either C;ise transmitted to Congress, and 
lodged among the Acts of Congress, for the Security of the Parties concerned : provided that 
every Commissioner, before he sits in Judgment, shall take an Oath, to be administered by one 



24 



ARTICLES OF CONFEDERATION. 



of the Judges of the Supreme or Superior Court of the State, where the Cause shall be tried, 
" well and truly lo hear and determine the Matter in Question, according to the best of his Judgment, 
" without Favour, Affection, or Hope of Reuwrd ,•" provided also that no State shall be deprived 
of Territory for the benefit of the United States. 

All Controversies concerning the private Right of Soil, claimed under different Grants of two 
or more States, whose Jurisdictions, as they may respect such Lands, and the States which 
passed such Grants, are adjusted, the said Grants or either of them being at the same Time 
claimed to have originated antecedent to sucli Settlement of Jurisdiction, shidi, on ilie Petition 
of either Party to the Congress of the United States, be finally determined as near as may be 
in the same Manner as js before prescribed for deciding Disputes respecting territorial Jurisdic- 
tion between different States. 

The United States in Congress assembled shall also have the sole and exclusive Right and 
Power of regulating the Alloy and Value of Coin struck by their own Authority, or by that of 
the respective States — fixing "the Standard of Weights and Measures throughout the United 
States— regulating the Trade and managing all Afl'airs with the Indians, not Members of any of 
the States, provided that the legislative Right of any State within its own Limits be not in- 
fringed or violated— establishing and regulating Post-Offices from one State to another, through- 
out all the United States, and exacting such Postage on the Papers passing througli the same as 
may be requisite to defray the Expenses of the said Office— appointing all Officers of the land 
Forces, in the Service of the United States, excepting regimental Officers — appointing all the 
Officers of the naval Forces, and commissioning all Officers whatever in tiie Service of the 
United States— making Rules for the Government and Regulation of the said land and naval 
Forces, and directing their Operations. 

The United States in Congress assembled shall have Authority to appoint a Committee, to sit 
in the Recess of Congress, to be denominated " a Committee of the States," and to consist of 
one Delegate from each State ; and to appoint such other Committees and civil Oiiicers as may 
be necessary for managing the general Affairs of the United States under their Direction — to 
appoint one of their Number to preside, provided that no Person be allowed to serve m the 
Office of President more than one Year in any term of three Years ; to ascertain the necessary 
Sums of Money to be raised for the Service of the United States, and to appropriate and apply 
the same for defraying the public Expenses— to borrow Money, or emit bills on the Credit of 
the United States, transmitting every half Year to the respective States an Account of the Sums 
of Money so borrowed or emitted— to build and equip a Navy— to agree upon the Number of 
land Forces, and to make Requisitions from each State for its Quota, in Proportion to the Num- 
ber of white Inhabitants in such State ; which Requisitions shall be binding, and thereupon 
the Legislature of each State shall appoint the regimental Officers, raise the Men, and clothe, 
arm, and equip them in a soldier-like Manner, at the Expense of the United States ; and the 
Officers and Men so clothed, armed, and equipped, shall march to the Place aopointed, and 
within the Time agreed on by the United States in Compress assembled : but if the United States 
in Congress assembled shall, on consideration of circumstances, judge proper that any State 
should not raise Men, or should raise a smaller Number than its Quota, and that any other 
State should raise a greater Number of Men than the Quota thereof, such extra Number shall 
be raised, officered, clothed, armed, and equipped in the same Manner as the Quota of such 
State, unless the Legislature of such State shall judge that such extra Number cannot be safely 
spared out of the Same, in which Case they shall raise, officer, clothe, arm, and equip as many 
of such extra Number as they judge can be safely spared. And the Officers and Men so clothed, 
armed, and equipped, shall march to the Place appointed, and within the Time agreed on by 
the United States in Congress assembled. 

The United States in Congress assembled shall never engage in a War, nor grant Letters of 
Marque and Reprisal in Time of Peace, nor enter into Treaties or Alliances, nor coin Money, 
nor regulate the Value thereof, nor ascertain the Sums and Expenses necessaryYor the Defence 
and Welfare of the United States, or any of them, nor emit Bdls, nor borrow Money on the 
Credit of the United States, nor appropriate Money, nor agree upon the Number of Vessels of 
War, to be built or purchased, or the Number of land or sea Forces to be raised, nor appoint a 
Commander in chief of the Army or Navy, unless nine States assent to the Same : nor shall a 
Question on any other Point, except for adjourning from Day t> Day be determined, unless by 
the Votes of a Majority of the United States m Congress assembled. 

The Congress of the United States shall have Power to Adjourn to any Time within the Year, 
and to any Place within the United States, so that no Period -rf Adjournment be for a longer 
Duration than the Space of six Months ; and shall publish the Journal of tlieir Proceedings 
monthly, except such Parts thereof relating: to Treaties, Alliances, or Mditary Ojieratious, as in 
their Judgment require Secrecy; and the Yeas and Nays of the Delegates of each State on any 
Question shall be entered on the Journal, wlieu it is desired by any Delegate ; and the Dele- 
gates of a State, or any of them, at his or their Request, shall be furnished with a Transcript 
of the said Journal, except such Parts as are above excepted, to lay before the Legislatures of 
the several States. 

ART. X. The Committee of the States, or any nine of them, shall be authorized to execute, 
in the Recess of Congress, such of the Powers of Congress as the United States in Congress 
assembled, by the Consent of nine States, shall from Tune to Time think expedient to vest 
them with ; provided that no Power be delegated to the said Committee, for the Exercise of 
which, by the Articles of Confederation, the Voice of nine States in the Congress of the United 
States assembled is requisite. 

ART. XL Canada acceding to this Confederation, and joining in the Measures of the United 
States, shall be admitted into, and entitled to all the Advantages of this Union ; but no other 
Colony shall be admitted into the Same, unless such Admission be agreed to by nine States. 

ART. Xn. All Bills of Credit emitted. Moneys borrowed, and Debts contracted by, or under 
the Authority of Congress, before the Assembling of the United States, in pursuance of the pre- 
sent Confederation, shall be deemed and considered as a Charge against the United States, for 
Payment and Satisfaction whereof, the said Umted States, and the Public Faith are hereby 
solemnly pledged. 



ARTICLES OF CONFEDERATION. 



25 



ART. XIII. Every State shall abide by the Determinations of the United States in Congress 
assembled on all Questions which bv this Confederation are submitted to them. And the Articles 
of this Conlederation shall be inviolably observed by every State, and tlie Union shall be per- 
petual ; nor shall any Alteration at any Time hereafter be made in any of Iliem, unless such 
Alteration be agreed to. by a Congress of the United States, and be afterwards contii-nied by the 
Legislatures of every State. , ,,, , j . , , ^^ 

And whereits it hath pleased the great Governor of the World to incline the Hearts of the 
Legislatures we respectively represent in Congress to approve of and to authorize us to ratify 
the said Articles of Confederation and perpetual Union; Know ye, that we, the undersigned 
Delegates, bv virtue of the Power and Authority to us given for that Purpose, do by these Pre- 
sents, in the'Name and in Behalf of our respective Constituents, fully and entirely ratify and 
confirm each and every of the said Articles ot Confederation and perpetual Union, and all and 
singular the Matters and Things therein contained : and we do further solemnly plight and 
engage the Faith of our respective Constituents, tliat they shall abide by the Determinations of 
the United States in Congress assembled, on all Questions, which by the said Confederation are 
submitted to them; and that the Articles thereof shall be inviolably obsei-ved by the States we 
respectively represent, and that the Union shall be perpetual. 

In witness whereof, we have hereunto set our Hands in Congress. Done at Philadelphia in 
the State of Pennsylvania the ninih Diiy of July in the Year of our Lord one thousand seven 
hundred and seventy-eight, and iu the third Year of the Independence of America. 

On t?ie Part and Behalf of the State of New Hampshire. 
JOSUH BARTLETT, JOHN WENT WORTH, Jun. August 8, 1778. 

On the Part aud Behalf of the State of Massachusetts Bay. 
JOHN HANCOCK, ELBRIDGE GERRY, JAMES LOVELL, 

SAMUEL ADAiMS, FRANCIS DANA, SAMUEL HOLTEN. 

On the Part and Behalf of the State of Rhode Island and Providence Plantations. 
WILLIAM ELLERY, HENRY MARCHANT, JOHN COLLINS. 

On the Part and Bthalfofthe State of Connectictct. 
ROGER SHERMAN, OLIVER WOLCOTT, ANDREW ADAMS. 

SAilUEL HUNTINGTON, Tll'US HOSMER, 

On the Part and Behalf of the State of New York. 

FRA. LEWIS, WM. DUER, GOUV. MORRIS. 

On the Part and Behalf of the State of New Jersey. 
JNO. WITHERSPOON, Nov. 26, 1778. NATH. SCUTDDER, do. 

071 the Part and Behalf of the State of Pennsylvania. 
iftOBT. MORRIS, JON A. BAYARD SMITH, ' JOS. REED, 22d July, 1778. 

Daniel roberdeau, william clingan. 

On the Part and Behalf of the State of Delaware. 
THOS. M'KEAN, Feb. 13, 1779. NICHOLAS VAN DYKE. 

JOHN DICKINSON, May 6th, 1779. 

On the Part and Behalf of the State of Maryland. 
JOHN HANSON, March 1, 1781. DANIEL CARROLL, do. 

On the Part and Behalf of the State of Virginia. 
RICHARD HENRY LEE, THOMAS ADAxMS, FRANCIS LIGHTFOOT LEE. 

JOHN BANISTER, JNO. HARVIE, 

On the Part and Behalf of the State of North Carolina. 
JOHN PENN, July 21st, 1778. CORNS. HARNETT, JNO. WILLIAMS. 

On the Part and Behalf of the State of South Carolina. . 
HENRY LAURENS, JNO. JIATHEWS. THOMAS HEYWARD, Jun. 

WILLIAM HENRY DRAYTON, RICHARD HUTSON. 

On the Part and Behalf of the State of Georgia. 
JNO. WALTON, 24th July, 1778. EDWD. TELFAIR, EDW. LANGWORTHY. 

[A'o(e.— From the circumstance of delep atee from the flame state having signed the Articles of Confederation at different 
times, as appears by tee tates, it is probable they affixed their names as ibey happened to be present iu Congress, after 
they had been autaorixe4 by theii constituents.] 



JAS. DUANE, 



EXTRACT OF A LETTER FROM EX-OOVERNOR W. G. D. WORTHINGTON. 

I HAVE examined " Burleigh's Legislative Guide," and find, as its 
name implies, that it is indispensable for every legislator who desires 
to establish a uniform system of rules for conducting public business 
throughout the United States. In my humble judgment, every State 
Legislature will immediately adopt it as their standard as soon as the 
merits of the work can be known. 

W. G. D. WORTHINGTON. 



I AM convinced that the "Legislative Guide" will prove a valuable 
text-book for collegiate students, and will use it as such at St. Timo- 
thy's Hall, believing that every young American ought to be acquainted 
with the routine of order appropriate to legislative assemblies. 

L. VAN BOHKELEN, Hector, 

St. Timothy's Hall, Catonsville, Md., Feb. 26, 1852. 



Ex. of Letter from Hon. J. C. Legrand, Ch. Justice Court of Appeals, Md. 

Baltimoee, Feb. 9, 1852. 
The plan of the Legislative Guide enables the student or legislator 
to discover, with facility, the rule and reason for it, in each particular 
instance, and must, therefore, be of great value to legislative and other 
deliberative bodies. JNO. CARROLL LEGRAND. 



At a meeting of the School Commissioners of Baltimore held Feb. 10, 
1852, the following resolutions were unanimously adopted : Resolved, 
That the American Manual ; — that the Thinker ; — that the Practical 
Spelling Book by Joseph Bartlett Burleigh, LL. D., be introduced into 
the Public Schools of Baltimore. 

J. W. TILYARD, Clei^h Com. Pub. Sch. Balto. 



At a meeting of the Controllers of Public Schools, First District of 
Pennsylvania, held at the Controllers' Chamber, on Tuesday, December 
10th, 1850, the following resolution was adopted : — 

Resolved, That the American Manual, by Joseph Bartlett Burleigh, 
be introduced as a class-book into the Grammar Schools of this District. 

ROBERT J. HEMPHILL, Sec. 



Philadelphia, Nov. 13, 1851. 
At a meeting of the Controllers of Public Schools, First District of 
Pennsylvania, held on Tuesday, Nov. 11th, 1851, the following resolu- 
tion was adopted : 

Resolved, That the "Thinker," by Joseph Bartlett Burleigh, be intro- 
duced as a class-book into the Public Schools of this District. 

ROBERT J. HEMPHILL, Sec. 

(26) ""^ 



INDEX TO THE CITIZENS' MANUAL. 



27 



li z 

] 

INDEX TO THE CITIZENS' MANU 

Adjournment, Fixing the time of, . . . 

'< " " Place of, . 
Amendments, Eespecting, .... 
Appeals, from Decision of President, 
Business, Order of, ..... 

When obstructed, by rule, 
Census, of United States, . . . . 
Commit, Motion to, ' . 

" May be Amended, .... 
Committee, Report of, 

" Respecting Chairman, 

'• Majority and Minority Report, 

'« Duties of, .... 

" Select, 

*' Standing, .... 

" Whole House, 

Directions for Debating Societies, Appendix, 

Debate, Mode of, 

Elections, Time of Holding in each State, 

Synopsis of Proceedings, 
English Legislation, Synopsis of. 

Form Preceding a Bill, 

Introduction to the Manual, .... 

Laws, Manner of Enacting, 

Legislatures, Meeting of in each State, 

Librarian, Duties of, 

Messages, Form of, &c., . . • . 

i Meetings, Called, &c. 

Method, Necessity for, 

Motions, When put, &c., 

Naturalization Laws, Respecting, 

Organization, Manner of, 

Ofl&cer, Presiding Respecting, , . • . 

" Duties of, 

Proceedings, Manner of Called Meetings, . 
Postponement, Indefinite and Certain, 
Questions, Precedence of, .... 

" Character of, 

" Previous, . , . . . 

*' Division of, 

" Not Debatable, .... 
Quorum, Respecting, ...... 

Report of a Committee, 

Rhetorical Arrangement, Appendix, 

Reconsider, Motion to, .... 

Secretary, Duties of, ... 

Societies, Directions for, .... 

Societies, Literary Form for, .... 

Treasurer, Duties of, .... 

Yeas and Nays, 


AL. 






■■■ ■ '1 

PAGE. 

. 223 

228 
. 254 

263 
. 252 

252 
. 282 

242 
. 254 

224 
. 245 

246 1 
. 235 ^ 

237 
. 238 

240 
1 

257 
. 280 

275 
. 269 

210 
. 199 

213 
. 380 1 

235 1 
. 209 

220 
. 214 

264 
. 273 

204' 
. 206 

229 
. 227 

261 
. 247 

266 
. 252 

260 
. 259 

265 

. 245 

2 

. 262 

232 
. 202 

215 
. 234 

226 
1 



28 



RECOMMENDATIONS. 



I have examined the "American Manual" 
with much interest, and it gives me pleasure 
to say that I highly approve of it. A text-book 
prepared by a man so distmguished for scholar- 
ship, experience, and success in teaching, as 
President Burleigh, cannot fail to secure uni- 
versal favour. The general an-angement of 
the work is regular. The marginal exer- 
cises and questions placed at the foot of each 
page, greatly facilitate tlie labour both of the 
teacher and scholar, and serve to interest the 
mind of the latter, in the acquisition of know- 
ledge. The statistical tables are also valuable, 
and the appendix serves as a key to the whole 
work, which renders it complete. It is a book 
which, in my opinion, should be placed in the 
hands of every American citizen. 

R0i3ERT KERR, 

Principal of West. Female Hiyti School, Bait. 



I have examined v^ith care the 
"American Manual." The chasteness of 
thought, and simphcity of style, in the articles 
accompanying the Constitution, highly recom- 
mend Its use as a school-book. 

The marginal exercises are a new and im- 
portant feature, which, I am convinced, will 
aid the teacher very much in his arduous la- 
bours, by exciting the pupils to investigate and 
reflect. Tiiis arrangement will also enable 
them, by easy and gradual steps, to obtain a 
great command of language. 

1 hope, therefore, it may receive a circula- 
tion commensurate to its merits. 

D. A. HOLLINGSHEAD, 
^Instructor of History and Belles- Lettres in the 
Western Female Hiyh School, Bait. 



I fully concur in the foregoing recommenda- 
iion. 

JAMES HARSHAW, 
Frin. Pub. Sch. No. 9. 



Gentlemen: — ! have examined President 
Burleigh's "Commentary on the Constitution 
of the United States." 1 consider it the best 
work of the kind extant ; and it is, beyond a 
doubt, admirably adapted to the use of schools. 
The style is neat, perspicuous and elegant; 
and the marginal exercises will be found to 
confer a beneflt similar to that derived from 
the study of the ancient languages. 1 shall 
introduce the book into my school early in 
September next. 

D. JONES, 
Prin. Classical Academy, Eutaw Street, Bait. 



Gentlemen: — I have, with great pleasure, 
examined the "American Manual." and am 
prepared to say that it is every thing it purports 
to be. The design and execution are both ad- 
mirable. If it be desirable that our civil du- 
ties and relations should form a subject of 
study in elementary schools, (and that they 
should, I presume, no one will pretend to 



doubt,) President Burleigh has unquestionably 
accomplished a most laudable work. His 
questions are well adapted to the subject 
matter, and will have the effect of drawing 
the mind of the youngest learner to it ; while 
his marginal exercises cannot fail to achieve 
that which every teacher feels to be a desidera- 
tum, to wit, the' means of compelling pupils to 
attend to the import of words. As the best 
proof of my entire approbation of the work, I 
shall take the lirst opportunity to organize a 
class with that as a text-book. 

M. SPENCER, 
Principal of the May land Institute. 

I cordially concur hi the above recommenda- 
tion. 

BENJAMIN G. FRY, 
Principal of Union Female Seminary, No. 30 
Hanover Street, Baltimore. 



1 have critically examined the American 
Manual. Having taken much pains in ascer- 
taining the true tenor of the repubUcan insti- 
tutions of my adopted country, I had previously 
read the leading authors on government with 
much satisfaction, but 1 have not met with any 
work in any language, that so clearly, so con- 
cisely, and so beautifully conveys to the mind, 
the principles of poUtical science. The mar- 
ginal exercises atford much and valuable as- 
sistance to the foreigner in acquiring a know- 
ledge of the English language. The exercises 
also afford to the mental powers a similar dis- 
ciphne that is obtained in studying the ancient 
classics. The questions are so remarkably 
well adapted to the subject, that, while tiiey 
assist the teacher, they also lead the pupils to 
reason and reflect for themselves. 

I hope the Manual will be not only univers- 
ally used in America, but also in Europe. 
A. FREITAG, L.L.D. 

Professor of Modern Languages in the Cen- 
tral High School, and of Qpman in St. 
Mary's College. 



I have carefully examined the American 
Manual. The general plan in putting questions 
to make the pupils see the cause and result, is 
the same that 1 myself have pursued for many 
years past, and I need hardly say that the 
work meets my most unqualified approval. 

The conciseness and beauty of the style, the 
unequalled excellence of the marginal exer- 
cises in drawing out the mind, and thoroughly 
disciphning the mental powers, and training 
the pupils to reason with accuracy and preci- 
sion, renders it, in my opinion, the best scbool- 
book extant. 

1 shall introduce the work into the Seminary 
over which 1 preside at the commencement of 
the next session. 

D. R. ASHTOJSr, 
Fifth below Arch St. 

Philadelphia, July 5th, 1848. 
I have examined the American Manual, and 
heartily concur with Professor Ashton in re- 
gard to its merits, and shall also introduce it 



RECOMMENDATIONS. 



29 



into the French Seniinary for Young Ladies, 
over which I preside. 

C. PICOT, 
1^0. 15 Washington Sqitare. 



After a very careful examination of the 
American Manual, by J. B. Burleigh, I can 
freely say that I consider it a performance of 
superior excellence. It embodies a fund of in- 
formation, surpassin§r in importance and va- 
riety that of any other work which has come 
under my notice. It is happily adapted to the 
wants of children in families, pupils in com- 
mon schools, and students in higher semina- 
ries ; it is also equally weU calculated to afford 
entertainment and instruction to adults in 
every sphere of life. 

JOHN ALLEN, 
Frincipal of the Female Seminary, No. 274 
North Seventh Street. 



Extract of a Letter from Professor Brooks. 

The compreiiensive view of politics in gene- 
ral, which the American Jlannal presents, its 
excellent commentary on the Constitution of 
our Republic, and the clear exposition of the 
duties of magistrates and citizens, the sound 
morals which it inculcates, with its questions, 
marginal exercises, &c., entitle it to high con- 
sideration. 1 take great pleasure in commend- 
ing It to the public, and especially to those 
engaged in the education of youth. 

N. C. BROOKS, 
Principal of the Bait. Central High School. 

We heartily concur with Professor Brooks in 
the above recommendation. 

JAMES M'fNTIRE, 
Proffssor of Mathematics. 

EDWARD DUFFY. 
Professor of Belles Lettres. 



We have examined the American Manual 
with a great deal of pleasure, and as a text- 
book for school purposes it is unquestionably 
one of great merit. We think that Mr. Bur- 
leigh has placed the profession under deep 
oblisraiion. The arrangement of the book is 
such as greatly to facilitate the labour of in- 
strucUon, and no candid mind can look over 
its piiges without coming to the conclusion, 
that the work is the best of any yet published 
to promote among pupils generally an exact 
and tiiorough knowledge of the principles of 
Republican government. 

WJI. R. CREERY, 
Prin. Male Pub. School. No. 6. 
TLiMOTHY CRIMMIN, 
Teacher of Mathematics. 
M. CONNOLLY, 
Prin. Male Public School, No. 1. 
M. M'CONKY, 
Pnn. Femnh Public School, No. 1. 
E. ADAMS. 
Prin. Female Pub. School. No. 6. 
R. CONNOLLY, 
Prin. Male Pub. School, No. 3. 

Baltimore, June Uth, 1848. 
Having examined the American Manual by 

J. B. Burleigh, I think it a work superior 

to any I have met with upon the same subject, 
admnably adapted to the purpose for which it 



is intended, and I shall introduce it as a text- 
book into my school. 

EDMUND SMITH, 
Principal of Franklin Hall. 



Extract from the Literary Pioneer of May, I8i9. 
Evei7 child should be possessed of the in- 
formation the American Manual imparts, to be 
enabled to exercise understandingly, at a proper 
cime, its privileges as a citizen of the United 
States. 



Extract from the Frankford Herald 

We have no hesitation in asserting our 
opinion that the Manual fills a vacancy which 
has long been observed in the text-books of 
our schools and the popular literature of our 
country. Every teacher will, we thirk, find 
this book just what he wanted to assist him in 
preparing his pupils to assume the duties and 
responsibihties of citizenship. As a book of 
reference and authority this work will be 
found worthy of a place in every libraiy. 
While the questions, definitions, and other 
marginal exercises, together with the statisti- 
cal tables and appendix, will render the Ameri- 
can iManual a book of incalculable value in 
disciphning the young mind, and in developing 
and strengthening the moral and intellectual 
faculties. A lawyer by education, and a teacher 
from choice, Mj. Burleigh possesses at the 
same time a consciousness of what was heeded, 
and the ability to supply it. 

Extract from the North American and United 

States Gazette. 
We have before us one of the latest produc- 
tions of a mind devoted to the instruction of 
youth; it is entitled the American Manual, 
and contains a great amount of valuable every- 
day political information. The autiior has, m 
our opinion, prepared a work which will be 
found of great value in the school, and on a 
plan which must give importance and utility 
to any reading book intended for scholars. 

Extract of a Letter from Professor S. C. 
Atkinson of Baltimore. 
The marginal exercises are ins-enious, and 
useful to the pupil, promoting not only copious- 
ness and variety of expression, but also a mi- 
nute examination of the critical meaning and 
derivation of words. The questions are of 
great value, by promoting attention and re- 
search. They "also aid the teacher in the right 
mode, by connecting each reading exercise 
with reflection and investigation. The work 
is exceedingly valuable as a school book, and 
scarcely less so as a convenient, well-arranged, 
family reference book. So far as my observa- 
tion extends no school book is so well calcu- 
lated to enlarge and ennoble the mind of youth 
as the American Mauu;d. 



Extract of a Letter from Professor Gilbert 
Coombs, Philadelphia. 

The examination of the American Manual 
has been decidedly a work of pleasure. If for 
no other cause, "the youth of our day have 
reason to hold the author's name in high 
esteem, for the pteparation of this invaluable 
work. 



/ 

i 



30 



RECOMMENDATIONS. 






Extract of a Letter from Thos. W. Duffield,Esq., 
one of the School Directors, of Frankford, Pa. 

The Manual is an invaluable work, admira- 
bly adapted to the purposes designed, and one 
that cannot fail to " incite an interest in the 
philosophy of our language." 

It needs but a perusal to a due appreciation 
of its merits. The policy of the Government 
can never descend to a medium standard if our 
youth have placed in their hands for study the 
American Manual. 



Extract of a Letter from Professor J. L. Van 

Doren of Philadelphia. 
It vsrould give me great pleasure to see the 
Manual introduced into all the common schools 
and academies in our land. 



Extract from the Gazette of the Union. 
This Manual of Mr. Burleigh's is, in our 
opinion, the most valuable school book that 
has issued from the prolific American press in 
many years The history of the origin of po- 
litical power, which Mr. Burleigh has so briefly 
and comprehensively presented, carmot fail in 
exercising a most salutary influence upon the 
minds of the young, in rendering more perfect 
and tliorough their conceptions of the philoso- 
phy of Government. The valuable statistical 
tables given in the appendix, which the author 
must have been at very great care and trouble 
to collect, wiU be not only useful to the young, 
but must, we think, render the work of the 
greatest value to business men, and to all who 
would have information on nearly everything 
which pertains to Government, Commerce, 
Mechanics, Science, the Arts, Exports, His- 
tory, and every species of statistical knowledge. 
As a school book, the value of the Manual is 
much increased by the fact that numerous 
questions are given in an unique marginal ar- 
rangement, by which the skill of the pupils is 
much exercised in mentally tracing the analogy 
of synonymy, thus rendering perfect their 
knowledge of the language. 

Extract from the Baltimore Sun. 
The American Manual cannot fail to com- 
mand general favour, and will be a very useful 
acquisition to "schools, academies, and the 
public." 

Extract from the Church Times. 
The American Manual must become very 
popular, and furnish perhaps a model for 
scliool books upon other subjects. 



Extract from the Baltimore Patriot. 
For the training of youth, the American 
Manual is one of the best hooks we have ever 
met with. The effect of its use is to send forth 
the American citizen well instructed m the 
doctrines and duties that appertain to his high 
character, and prepared for the performance 
of the obligations required of him by the go- 
vernmen'; of his country. For the accomplish- 
ment of this important object, the Manual is 
well adapted; setting forth, as it does, the 
science of government, and particularly the 
features of the American government, in plain 
and familiar terms. The effect of its extensive 
use must be to elevate our national character, 



by preparing the American boy to act the part 
of a sovereign citizen, either in the place of 
authority as an officer, or as a private indivi- 
dual; and the American girl for enunciation at 
the fireside of the principles of true patriotism 
and virtue. 



Extract of a Letter from Prof. Jos. H. Clarh, 
Baltimore. ^ 

The Manual offers to the young tyro in its 
marginal exercises every desirable facility to- 
wards understanding the subject-matter well. 



Extract from the Lutheran Observer. 

We have met with nothing in the Manual 
that should give offence either to the ''iberal 
Christian or the enlightened politician; but 
with much, very much, which both must 
heartily commend. The principles inculcated 
are sound, and tend to the improvement of 
the heart as well as the enlightenment of the 
mind. 

It advocates the rights and privileges of the 
people, sets forth, in strong and vivid colours, 
their duties, and throughout exhibits and illus- 
trates the paramount necessity of popular 
education, and of the universal diffusion of 
light and knowledge. 



Extract of a Letter from Harlow W. Heath, L. 
L. D.,for many years Secretary of the Board 
of School Commissioners -of Nelson County, 
Virginia, 

The author has, in my opinion, prepared a 
work which should be introduced into all our 
schools and seminaries of learning, and placed 
in the hands of every citizen ; the comprehen- 
sive view of politics which the American 
Manual presents, its excellent commentary on 
the Constitution, the clear exposition of the 
duties of magistrates and voters, the high 
tone of .moral sentiment which it contains, 
with the excellent arrangement and plan of 
the work, admirably fits it t<? meet the wants 
of all in appreciatmg and understanding the 
real nature of the bond of our glorious Re- 
public. 



Extract of a Letter from Professor Sieker. 
The author has evidently expended much 
labour and research upon the work. The 
youth of our country cannot fail to acquire 
through it a complete knowledge of the form 
of our government; the true cause of our 
power, prosperity, and happiness as a nation, 
and which, being based on the intelligence of 
the people, they cannot too well understand. 
The character, nature, and history of our go- 
vernment are presented in a clear and suc- 
cint manner, and with the marginal exercises 
(a most excellent feature in the book), and 
valuable statistical tables in the appendix, 
which alone make the work highly useful to 
every business man in the Union. The Ame- 
rican Manual altogether is just such a work 
as 1 should like to see in the hands of every 
teacher and scholar in our male and female 
seminaries. 

EDWARD A. SIEKER, 
Principal of the Eastern Female Public High 
School, of Baltimore. 



